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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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This a question regarding pestering or harassing after judge

Customer Question

This a question regarding pestering or harassing after judge signed divorce papers. Over the past months my ex has left text messages, emails, and voice mails. about how i have done wrong in the marriage. She contacts my family to discredit and lie about the history of the marriage. She now has my oldest son who is 22 to lash out at me and get in the middle. We have a 16yr son that has a parenting plan however he has spent 2 weekends in the past year with me and i should have him every other weekend. He was not answering my text or phone calls in the past and 3 months ago I messaged him i was coming to pick him up for my weekend and his reply was No I'm good. I have since not had communication with my youngest and until a few weeks ago my oldest was fine. What can i do to stop my ex from sending text or calls to my family bashing me? What can i do to repair the relation with my sons if she is continually turning them against me by keeping up the past? Do i have any legal ground to stand on the stop the harassing?She also was to surrender a vehicle in my name and has not as of yet and it is stated in the divorce decree.
Submitted: 3 months ago.
Category: Family Law
Expert:  JD 1992 replied 3 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.

As to how to repair the relationship, I'm afraid that would be a question you would probably want to ask in another section of the website, like the psychology section. It is really beyond the legal issues.

As to the vehicle you could file a Motion for Contempt or a Motion to Compel them to sign over the car.

You would have to go back to the family court and get an order for an injunction. Judges routinely grant these upon request since they don't like the kids being used like this.

This is a pretty complicated procedure so you would want to get an attorney that does family law to help you with this. If you don't have one already you can find one at

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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