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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
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Experience:  25 years experience practicing attorney
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my husband ask for a divorce he e-mailed me told me to leave

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my husband ask for a divorce he e-mailed me told me to leave him alone and go on with my life. I e-mail him every day and call and leave him messages telling him i love and miss him he don't respond. He is living with another girl. He moved back tp PA I live in WI. I have been e-mailing himand calling since Jan 28,09 and am planning on going back to see him and how he is with in AUG could I get in trouble for harrassment for all the e-mailing and calling and can I get in trouble for stocking if I go to his apartment in AUG to try to see him if he don't want me there. Customer

DearCustomer- Unless he has filed for a restraining order you are within your rights to return to the marital residence. You should be careful not to create any type of physical conflict if you go there so that you cannot be charged with domestic violence. Also, if he should file for a restraining order against you before you return then you would have to abide by the order of the court.


It would appear that he has made his wishes known to you so you have to be careful not to create any type of situation where you could be arrested. Simply going back is not a crime.


David Kennett - JD - Attorney at Law

Customer: replied 7 years ago.
It is not our material residence I am in WI were we lived he left and is living in his own apt or in his girlfriends apartment and are the e-mails harrassment

Well an email is something that can be deleted easily and does not have to be read however if he has requested that you stop sending them then I would stop. There's no point in leaving yourself open to him filing a harassment charge, even if it has no merit. If you just keep send them I suppose he could easily use a spam filter or some other method to keep them off his computer.


From a practical standpoint I just don't see that it does you any good to send emails to someone who has asked you to stop. Of course you are out of state so he would have to file the charges where you live and come there to testify. Anytime you do something to someone that they do not want or ask for you are leaving yourself open for trouble. You are technically still his wife so you have a right to communicate there is a court order so I don't think you can be convicted of any crime for the emails.


Once there is a court order then you must stop.



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