I’m in Massachusetts. I was in a relationship with a woman who I found out was involved with a married man. I ended the relationship and since then the woman has sent me multiple threatening texts. I ignored them and blocked her. She then took out a harassment protection order and I couldn’t defend against it because I had COVID at the time. Shortly after that she then filed another report and said I contacted her via text. In the police report her sister listed as her lawyer in the police report in one place and then as her sister in another place. I believe her sister represented my ex to obtain the order. What I’m confused by and I know I need a lawyer which I’m searching for one now, is how can the sister be a lawyer and also a witness? In the report the sister states that she called the police dept where my ex lives and the sister states she received insulting texts about my ex. The text content isn’t mentioned at all. It seems I’ll go to trial because the subpoena results came back and I never sent the texts. So even though the phone number isn’t able to be tracked to anyone, the prosecutor said the context of the texts is enough. The problem is that I never sent the texts and I never talked about any of the topics in the report with my ex but one and the context of that one topic wasn’t even the same. The court appointed lawyer I had thought if the subpoena came back good then this should be dropped. So how they’re not sure how to handle it and I’m looking for someone new. I can’t find anyone that can or will tell me how it’s possible the sister can make a statement to the police that they received texts and “believe I sent them”. I’ve never so much as talked to the sister for more than 5-10 minutes maybe 4 times ever and never had their number, never sent them any texts; and their opinion is based on my exes saying it was me and also my ex had given her sister all of the texts she says we swapped, so her sister is reading texts and then basing the opinion on that? This doesn’t seem ethical and I don’t want to cause more issues but how can the sister who has nothing to do with any of it be a trial witness? Who else gets called? In the report the only people listed are 2 police officers who worked on the report and the main one left out a lot of info I provided when I first returned their call and then also didn’t wait for the subpoenas to come back. I don’t think it would have gone anywhere if they waited. I tried to get it dismissed but it was denied. How can this come down to my exes word versus my word? That doesn’t seem like “beyond a reasonable doubt”?
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How are criminal cases handled if it’s only 1 persons word against another?
- Thread starter Cayde
- Start date
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quincy
Senior Member
https://www.americanbar.org/groups/...le_3_7_lawyer_as_witness/comment_on_rule_3_7/
Above is a link to what the American Bar says about a client’s lawyer also appearing as a witness.
The FreeAdvice forum has as a member a Massachusetts lawyer. I will flag him to see if he has some words of wisdom for you: @Mass_Shyster
You need a good defense attorney. In cases where it is one person’s word against another, the credibility of the parties matter.
Above is a link to what the American Bar says about a client’s lawyer also appearing as a witness.
The FreeAdvice forum has as a member a Massachusetts lawyer. I will flag him to see if he has some words of wisdom for you: @Mass_Shyster
You need a good defense attorney. In cases where it is one person’s word against another, the credibility of the parties matter.
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quincy
Senior Member
Here is a link to the Massachusetts Rules of Professional Conduct, Rule 3.7, Lawyer as Witness:
https://www.mass.gov/supreme-judici...rofessional-conduct-rule-37-lawyer-as-witness
https://www.mass.gov/supreme-judici...rofessional-conduct-rule-37-lawyer-as-witness
Taxing Matters
Overtaxed Member
If witness testimony is all that's available then that is all the court will have to work with to make its decision. The standard beyond a reasonable doubt means that the judge or jury will take what evidence there is and from that decides what they thought happened and how strongly they think that is what happened; that is, they also consider how likely they think something else might have happened. If the judge or jury believes your ex's testimony strongly enough that is all it takes to meet the standard. So a lot can come down to how well each of you comes off in court.
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quincy
Senior Member
First, you said you are currently searching for an attorney. Here is a link to help you with that search:
https://www.mass.gov/info-details/finding-a-lawyer
Second, you said the woman sent you “multiple threatening texts.” Did you save these texts? If so, the attorney you hire will want to see them.
Thank you all! My ex literally wrote me a few texts and stated things about ruining my life if I ever told anyone of the affair. Then she went further and wrote “If you ever tell anyone about me and Joe..I’ll say you raped me and send you to jail for 20 years”. All of this and I had said I wasn’t going to say a word. My ex lied in the police report and said that her and this guy had relations once 4 years ago. That’s another blatant lie. I just hope the truth comes out.
Ohiogal
Queen Bee
Give those text messages to YOUR attorney. ALL OF THEM.
Thank you and also @Mass_Shyster
my exes sister is a lawyer though she hasn’t worked in a while I guess and not because she’s retired or wealthy. There’s one officer that handles domestic things for the town my ex lives in and that is the one that did the report. What I don’t understand is how my exes sister could call and report that she received demeaning texts about my ex. The order doesn’t prevent me from saying anything to anyone but contacting my ex or asking a 3rd party to contact my ex. I don’t see any reference to the texts the sister got though. Then on another page of the report it states the Officer received another call from my exes Attorney and it lists her name. Then at the hearing to extend the order which I couldn’t attend as I was sick with COVID, I believe the sister represented my ex to get the order extended. I know her sister spoke to an attorney that I’ve used for probate things for my ex wife and the sister said she was ready to present the case to get the order. The sister stated to the officer that she believes I sent the texts. I don’t know what that’s based on when I met her maybe 4-5 times and said hello and maybe a few other things to be polite. My ex is absolutely going to lie on the stand. Her sister concerns me because she seems to have convinced the police I did it all.
The police really seemed to mess this up because a couple of the texts my ex reported me for violating the order appear to be from the wife and she’s basically saying that my ex is a terrible person. The married guy was called by the Officer and the Officer asked him what he thinks his wife would have done if she knew of the affair. The guy says she wouldn’t have texted her. How they didn’t ask the wife I don’t know. But for the Officer to make such a very strong statement that no one but me could have known of the threats my ex made or of the affair, that’s literally impossible for anyone to know. My ex told me she told everyone all about me and I feel like it’s all was done initially to put me in fear and now I have a feeling my ex may regret how it’s gone. Her whole fear and all her threats were about that guys wife finding out. Now I don’t know how it’s not possible.
If the lawyer I get wants to call the wife to testify then does she even have to show up? I don’t believe my ex even wants this trial because she is absolutely irrational and obsessed with her sister and anyone else finding out about the affair. Her sister doesn’t know the truth. But my ex will testify because he sister will tell her she has to. I don’t know how the police could ignore a threat that is essentially extortion. It says if I do something my ex will falsely accuse me of a crime. That’s the first part of the definition of extortion. She’s saying if I do something she’ll accuse me.
I tried to report it to the police but the town my ex lives in wouldn’t let me because I don’t live there and then the domestic officer in my town told me it wouldn’t be worth it because it would look like retaliation. I tried when my ex got the initial temporary order and no one cared. After a terrible divorce I learned to keep my texts and I have every text I ever exchanged with my ex girlfriend.
stealth2
Under the Radar Member
Good. So you have them all to give to YOUR lawyer.
quincy
Senior Member
You were smart to save the texts. You will want to show all of the text exchanges you had with your ex to the attorney you hire. The texts you describe can be used to support your own testimony, making it less just “your word against your ex’s.”
You can use the link provided earlier to search for an attorney in Massachusetts who can help you.
And, again, you can check back here to see if @Mass_Shyster has additional information.
adjusterjack
Senior Member
Something isn't clear here.
What is "it"?
The restraining order or have you been arrested and charged with a crime?
What is "it"?
The restraining order or have you been arrested and charged with a crime?
quincy
Senior Member
Any violation of a no-contact restraining order would be a crime. It appears Cayde is under a temporary order.
Here is a link to information on Massachusetts restraining orders: https://www.mass.gov/service-details/restraining-orders-for-victims-of-domestic-violence
Temporary no-contact orders are not too difficult to get in an ex parte hearing. The follow up hearing is to decide if the order should become permanent.
Here is a link to information on Massachusetts restraining orders: https://www.mass.gov/service-details/restraining-orders-for-victims-of-domestic-violence
Temporary no-contact orders are not too difficult to get in an ex parte hearing. The follow up hearing is to decide if the order should become permanent.