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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12002
Experience:  JD, MBA
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My daughter was being threatened and harassed by her ex-husband.

Customer Question

My daughter was being threatened and harassed by her ex-husband. She filed for and received a protective order against her ex-husband. A week later, at the hearing, the circuit court judge dismissed criminal charges against him, but mandated a no-contact condition by any means other than for emergency situations regarding their 4-year-old child. Additionally, all exchanges of the child for visitation must take place at the County Sheriff's Office, which he refused to abide by on the very first day of visitation. During the 7-day period prior to the hearing he violated the protective order on at least three occasions by texting my daughter and having his current wife email her.

There is documentary evidence of child abuse by her ex-husband, he has been clinically diagnosed with moderate to severe depression and admittedly does not take his prescribed medications to combat this. My daughter is very concerned that he may try to abduct the child, or worse yet commit suicide and kill the child as well. He is among the most irresponsible individuals I've ever encountered, refuses to look for a job, owes several months of back child support, and feels he should not pay child support at all because my daughter left him after 11 years of marriage.

My question is: Can my daughter legally obtain a private audience with the Judge that issued the no contact decree? And, can she file criminal charges against her ex-husband for violating the child exchange ruling and the prior violations of the restraining order?

Thanks in advance.
Submitted: 5 years ago.
Category: Family Law
Expert:  TJ, Esq. replied 5 years ago.
Hello and thank you for allowing me the opportunity to assist you.

Please note that for legal reasons my answers are only intended to be general/educational information rather than specific legal advice. If you need specific legal advice, then you must consult with a local attorney in your jurisdiction.

You asked: "Can my daughter legally obtain a private audience with the Judge that issued the no contact decree? And, can she file criminal charges against her ex-husband for violating the child exchange ruling and the prior violations of the restraining order?"

No, I'm sorry to say that your daughter cannot obtain a private audience with the judge who issued the no contract decree. These matters are part of the public record, so they must be handled in open court. Moreover, the ex-husband has the right to defend himself against your daughter's allegations. The violations of the custody order and restraining order should be taken up in court. Your daughter can request that the judge hold the ex-husband in contempt of court for failing to follow the court's order. If the judge agrees, then that could result negatively for the ex-husband in several ways. The judge could jail him, fine him, alter the custody order, etc. So, I suggest that your daughter take this issue to the judge via a hearing. She can ask the court clerk to docket a hearing on the matter.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our discussion). Positive feedback is always appreciated as well. Thank you and good luck!
TJ, Esq. and other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you for your assistance in this matter.
Expert:  TJ, Esq. replied 5 years ago.
I'm glad to help, and I wish your daughter luck in dealing with this situation.

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