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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111527
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Rough notes, voice recognition and not too awfully accurate,

Customer Question

Rough notes, voice recognition and not too awfully accurate, forgive me.I'm a 68-year-old man living in Discovery Bay California. Approximately six months ago I married Dolores Clark who has a home here in discovery Bay and I moved in with her and her grandson which she has physical custody of and has been raising him supporting him hundred percent for probably for five years.A few nights ago I had dispute with the grandson over picking up some dog shit in which time he strted yelling and I raise my voice in return and he start using the F word actually three times I did not.Then he said he was called the cops and my wife his grandmother Dolores said don't call the cops but I call the cops anyway course cops came out and didn't do anything.Afterwards he calls his dad and I don't know what he told him that his dad calls me and starts give me a real bad time and in retaliation I text him back sent you not really the best father in the world you wouldn't even take him when you didn't want to raise him because you had a new wife and you didn't want him interfering with that relationship so you did not take Austin at the time and you pay no child support Austin in years you or his mother Dolores my wife Austin's grand mother has been paying all of that all of this time. Now this information comes directly from Dolores the grandmother. In the father's voicemail he says if I ever raise my voice to his son the matter what the circumstances are he's coming over immediately and were going to have another screaming match but it's going to be between him and me so I better not ever raise my voice to his son Austin again.In my retaliation and self-defense I mentioned those things and tell him he needs to get lost and stop draining us of all kinds of money because all he does is drive her car and just sucks money from her all the time and I mention you need to stop doing this are at least I ask other people for money so you don't have to make her the sole source of the money you need. He writes back to me and calls me every name you can think of. Use your imagination for the ugliest words possible and that's what he called me in that all the texting and I called him zero names all I did was ask him to lighten up on sucking her dry and I did tell him she's 71 years old she can't retire because of several reasons but the major one is because all of her resources go to him and raising his son. So he really got upset over that and it is true. So he went on calling me every name possible and then he tells the grandson living with us to ignore me not to talk to me and according to my wife father tells grandson to barricade his bedroom door so I can't get in there to talk to them.So my question is him calling me all of these names and sharing it with everyone in the family do I have any legal recourse? Are there any grounds for me taking him to court or filing charges?Howard Maxwell
Submitted: 8 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Calling someone bad names I am afraid is not grounds to take someone to court. You and he had a verbal dispute during which time he called you bad names and you responded telling him he was a crappy father and had no right to say anything, those were your opinions of each other which you were free to express. It is not, quite yet in this country anyhow, grounds to sue someone for calling you names or getting into a verbal dispute with you. If he threatened physical harm to you and placed you in reasonable fear of receiving that physical harm you could file for a restraining order, but just saying there would be a screaming match between you and him is not threats of physical harm.
The two of you obviously need to cease communication with each other, regardless of what he calls and says or texts, you should not respond to him at all.
Until he threatens physical violence or harm towards you, there are no charges or civil actions to file. If he threatens credible physical harm, then you can file assault charges or go to court and get a civil order of protection to prevent him from coming around you or contacting you.