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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
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What's the best way to handle the continued harassing

Customer Question

What's the best way to handle the continued harassing letters of the opposing party in a child custody case? Does the judge read all these letters? They're constantly saying my alleged bad judgement is negatively impacting the child - which there is no evidence of whatsoever.
Submitted: 5 months ago.
Category: Family Law
Expert:  JD 1992 replied 5 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. The judge can read all of the letters if there is a case pending but if the letters are just being sent to the court the judge won;t look at them unless it is during a hearing. The best way to handle it is to get a local lawyer to respond addressing the letters as well as telling the other party to cease and desist that behavior. That will also enable you to recover your attorney's fees in a lawsuit.
Customer: replied 5 months ago.
The letters are going to my lawyer. They're always berating me and my choices and parenting as irresponsible. Would your above advice still apply?
Expert:  JD 1992 replied 5 months ago.
Yes, generally so. Presumably it is costing you money for the lawyer to read them so you are still being damaged by them.
Customer: replied 5 months ago.
So this could be done regardless if there's a case pending? (that's what the letters are in reference to)
Expert:  JD 1992 replied 5 months ago.
You can send the cease and desist letter, etc. Then you can file against them for harassment, for an injunction, etc. There is nothing to say they can't do it until a court tells them that.
Customer: replied 5 months ago.
Is it truly harassment? Or something I just need to accept that lawyers do?
Expert:  JD 1992 replied 5 months ago.
Is it coming from her lawyer or from her?
Customer: replied 5 months ago.
From his lawyer to my lawyer.
Customer: replied 5 months ago.
We have a temporary consent custody order that states he will not abuse or harass me in any way
Expert:  JD 1992 replied 5 months ago.
That's different. There's nothing that can be done about that, I thought you meant your ex was sending the letters to your lawyer. COming from his lawyer to your lawyer the judge won't consider that harassment.
Customer: replied 5 months ago.
Is there anything I can do? Or just disregard? They're saying things that aren't true
Expert:  JD 1992 replied 5 months ago.
As long as it is just coming from their lawyer to yours you can either respond or not. I wouldn't respond every time you get a letter because that runs up the attorney's fees but certainly there wouldn't be anything wrong with responding every now and then.

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