Can I have an order of protection placed on my boyfriend's ex girl friend? 3 Answers as of April 10, 2014

My boyfriend's ex girlfriend has been harassing us for about 2 years now. We both have changed our numbers. We have even moved out of the state and she still calls and texts non stop for hours. I know in the past, she has cut herself and ran out in the middle of the street to try and get his attention. I am fed up with this behavior. She is in New York and I am in Massachusetts.

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Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
In Massachusetts, the 209A Protective order requires that the person you have the order against must be either an adult or minor family or household member, which is defined within the statute as "Family or household members" persons who: a) Are or were married to one another; b) are or were residing together in the same household; c) are or were related by blood or marriage; d) having a child in common regardless of whether they have ever married or lived together; or e) are or have been in a substantive dating relationship, which shall be adjudged by district, probate or Boston municipal courts consideration of the following factors: 1) the length of time of the relationship; 2) the type of relationship; 3) the frequency of interaction between the parties; and 4) if the relationship has been terminated by either person, the length of the time elapsed since the termination of the relationship. It is unlikely from what you have provide that you would be entitled to a Restraining Order under the section. Your boyfriend would likely satisfy the requirement, depending on how long it has been since they split and what she is doing to harass him now. You could probably qualify in Massachusetts under Chapter 258E, which is the Harassment Order statute. Here the relationship requirement is unnecessary. However, it does require that there be at least three (3) instances of abuse. It doesn't sound like this should be a hindrance for you.
Answer Applies to: Massachusetts
Replied: 4/10/2014
Hein, Waters & Klein
Hein, Waters & Klein | Irwin G. Klein
In NY only if there is a court proceeding pending against her.
Answer Applies to: New York
Replied: 4/10/2014
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Yes. You need to hire a lawyer.
Answer Applies to: New York
Replied: 4/9/2014
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