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Harassment Protection Order: Abuse of order & false complaints

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Mavrickk

Junior Member
Massachusetts: My wife took out a Harassment Protection Order in 9/2016. My Divorce is now final as of 6/2017. My exwife had a restraining order she took out in 8/2015 and the court refused to renew it in 8/2016 as it was proven she had no basis for the order, filed repeated false complaints against me, and stated she had no fear of me. She took out the Harassment Order for leverage in the Divorce as she waited a month then got the order. I wasn't well represented at the 10 day hearing. My exwife Divorce Attorney attended and they based the request on stating that "I wasn't following the Probate Order and emailed her to much about our children", as well as I "accessed her Facebook, email, and voicemail" accounts. I have never touched her accounts and when asked if she had proof, she stated no, when asked if I ever threatened her, she stated "no", and there weren't 3 documented incidents of harassment. The issue is she made all of these false statements, the email logs I had proved I followed the Probate orders, it the lawyer I had never presented them to the court. During the time she had the restraining order, she asked me many times to do things for the house or our children that wound have violated the order. I never did as I followed it entirely. Probably 15-20 police complaints were filed in a year and I cooperated with the police and either they dropped them directly or others I wasn't contacted by the police about, but at the clerk magistrate hearings, they were dropped as the police prosecutor had new information or reviewed evidence I had proving they weren't true. Now she's doing the same thing with the Harassment Order, she asks me to do things for our children that I can't, I reply to her emails stating I can't do what she asks, then her reply is something such as "the judge said you can do what I've asked, you don't care about your kids and won't help", etc and it goes on. It started the day after she took the order out. The family court won't hear the issue as I've already had a trial and my Attorney didn't bring this up, which I don't know why. But now I want to do something as she clearly abuses the system when there are true victims of abuse, and I've tried calling several lawyers, but can't find anyone to help. The only option I've found 1 person willing to help with is to appeal the order. I know a motion to vacate the order can be filed in The District Court it was issued in, but any motion that I file has to be reviewed by a judge first because the order is marked as such. I'm not sure what to write in my motion to get the Judges attention that she's doing this and she took the order out for leverage in the Divorce.
 



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