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Lawdoctor
Lawdoctor, Lawyer
Category: Family Law
Satisfied Customers: 1400
Experience:  Over 22 years of experience in numerous states.
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My wife would like to know if her mother is breaking Indiana

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My wife would like to know if her mother is breaking Indiana Law. We have a restraining order against her mom, however her mother has reapetedly posted blogs on her myspace entirely about my wife, there are some mild threats but mainly the blogs just go on about mean and wrong my wife is. In addition, there are postings of pictures that include both my wife and our children {who are also on the restraining order}. However, the blogs ARE NOT sent to my wife even though they are directed to her, they are on my mother in laws personal myspace page, the only reason why we know about them is from people who have read them that we know. In addition, there are serious accusations that are implied in some of these emails, accusing my wife and I of child abuse of EVERY kind, we have took our daughter to a child psychologist to be examined to prove that we have not abused our children, but is there anything we can do to stop her from spreading these lies?
Submitted: 4 years ago.
Category: Family Law
Expert:  Lawdoctor replied 4 years ago.
Dear XXXXX301:

Thank you for allowing me to assist you with your question.

Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.

Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.

There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!

Whether she is violating the restraining order would be a ruling for the judge, but she is definately violating your reputation and thus you would have a separate civil suit against her for defamation and harassment.

I would file a motion for Contempt of Court with the Court that issued the restraining order outlining her myspace activity and let the court know that the content is being relayed to you which is her intent, and that should be a violation of the order. I would print out all of the pages and also save the pages to a CD so you can show the judge just what she is doing.

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

 

Customer: replied 4 years ago.
I am aware that you cannot tell me for certian what the court will rule and that a judge would make the ultimate decision as to what happens, however in your opinion would you consider it likely for the court to rule in my favor in both the civil suit and the contempt, also, what would be the consequence if she is found in contempt?
Expert:  Lawdoctor replied 4 years ago.
Dear XXXXX,

I think the Judge will be offended that she is doing this in spite of his Restraining Order. While it is not direct contact it is contact that is intended by it nature to be disseminated back to you and thus is a violation of the Order for no contact... You need to use that language when presenting it to the court that she knew or should have known that a public posting such as this with common friends and families would be disseminated to you and thus is a violation if the Order prohibits indirect as well as direct contact by her. (all of this is presuming that the Order states that she cannot have any direct or indirect contact -- the standard orders do prohibit a person from indirect contact such has passing on a message, which is what this is.).

Go for it!!!
Customerbr />

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Lawdoctor, Lawyer
Category: Family Law
Satisfied Customers: 1400
Experience: Over 22 years of experience in numerous states.
Lawdoctor and 14 other Family Law Specialists are ready to help you

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