Family Law Questions? Ask a Family Lawyer Online.
Good Day! I'm a Family Law expert here at JA and will do my best to assist you. Please remember, though, I can only provide general information. I am sorry to hear of this. Were there any witnesses, or was a school incident or police report filed?
I only informed my lawyer of this. Her adult daughter was the only witness.
I am in the process of suing my ex over another issue and my lawyer feels that addressing this will muddy the waters.
I am left feeling very helpless and victimized.
There are a couple of basis for receiving a restraining order - harassment (verbal) or physical. The problem is one of proof (although nowadays many schools have video cameras). If you can prove the incident occurred to the satisfaction of a judge, you could get a restraining order against the girlfriend. Since it is her daughter that witnessed it, she likely would not testify (at least not honestly).
It will "muddy" the waters in the sense that it will require an additional hearing, and in the sense that it will increase the adversity of the legal proceeding; but from a legal perspective, it should not have any effect on the substantive issues.
This was in the parking lot, and yes, I was told that about her daughter.
You may want to check with the school to see if they video the lot. Then if they do, you would need to file a request for a restraining order, and you can ask the court to order the school to release the video (if they do in fact video the lot).
My lawyer basically told me to write my own cease and desist letter and have it served on her.
I don't think that has a lot of impact to a bully.
A cease and desist is one way to handle it; however, I would request an attorney to write it as then it has more gumption so to speak. If your attorney is not willing to do so, I would suggest you hire another attorney to handle at least this aspect of the case. I would also ask for clarification as to the muddy water comment, because harassment can have an effect on custody/visitation. For example, if the judge issues a restraining order against her, that would likely be considered in any custody/visitation concerns, since the court generally does not want a minor around an adult that disparages a parent.
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