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Assault definition in Massachusetts?

Submitted by StanY on Mon, 10/04/2010 - 08:49
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During this time of year and in the summer I use my leaf blower to clean up my yard but I never start the thing until after 10 a.m. Last Saturday my neighbor charged out of his house after I started the leaf blower and started screaming at me (on my land) about how I always wake him up. I asked him to get off my property but he didn't. So my wife saw this whole thing and called the police and they talked to him (he was back at his house by then) and did nothing. Now I'm worried that this guy will harm me or my wife because he is clearly unstable. When he was screaming at me he said he was going to break my blower over my head.' He's a pretty big guy to I 'retreated' back to my porch. So isn't that an illegal assault under MA law and why did the cops do nothing?

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Editor's Response

Submitted by The Editor on Mon, 10/04/2010 - 12:05.

Sorry about your situation.  I can't tell you why the police took no action.  However, it certainly sounds like you may have been the victim of an assault.  In Massachusetts an assault is committed when someone makes an actual attempt to do bodily harm to another person by force or violence, OR if someone intentionally causes fear or apprehension in another person.  In other words, if your neighbor, through his words and actions, placed you in fear of immediate bodily harm, that is an assault.

You have a couple of options.  You can go to your local police station and talk to them about swearing out a complaint against your neighbor for assault. Even though the police did not take action at the scene, you can still file a complaint. That will bring the matter before a clerk magistrate for a probable cause hearing.  You can also talk to the police about obtaining a "no trespass order" against your neighbor. Once you have done that, and the police put your neighbor on notice of the order, as they are required to do, your neighbor will be subject to arrest if he enters your property again.

 

Assault definition in MA

Submitted by kevingaughenjr@... on Wed, 10/06/2010 - 09:13.

Neighbor disputes are tough. In addition to the remedies outlined by the editor you may also want to consider a Harassment Prevention Order pursuant to G.L. chapter 258E. This is a new law allowing almost anyone to get a restraining order provided he or she has been a victim of harassment. Harassment is defined as "(i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by force, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of several specific statutes."
 
This is similar to a no trespass order, but allows for much greater protection of the harassed person. If you think you need to obtain such an order you can go to your local district court for more information.
 
Attorney Kevin Gaughen, Jr.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

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