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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 10850
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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Hello, how can I prove in German courts that the mother is

Resolved Question:

Hello, how can I prove in German courts that the mother is mentally unstable? She is not on drugs but her mind is not right. Constant threats and lies. I recorded her on audio. Thanks
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.

legal eagle :

Dear Customer

legal eagle :

thank you for using Just Answer.

legal eagle :

It is about custody I think

Customer:

Hello, I have a child with a german citizen. I have paid her child support since the child was born. She has threatened since the child was born. Do u talk over the phone? Thanks

legal eagle :

She threatens you with what ?

Customer:

Im in the military. She has threatened to go to my commander and the child office when she isn't happy with me. I recorded her tonight saying she would go to my commander and tell him I raped her

Customer:

that's just a small part

legal eagle :

Oh that is blackmail of the nastiest kind

legal eagle :

Why would she do that ?

Customer:

because I have a new girlfriend...and I have not seen my child too much because of work and deployment. She is very irrational

legal eagle :

She sounds kind of dangerous

Customer:

we was never in a relationship. We had sex a little over a month after we met. The condom popped

legal eagle :

This happens

Customer:

I have 4 other children. I told her I wasn't ready for another outside of marriage

legal eagle :

I can understand that

Customer:

she had the baby and when we are cool. she is cool, when we aren't, threats all the time

legal eagle :

Visitation cannot be forced but yiu still have to pay chikd support

Customer:

I understand. She is trying to ruin my career to be spiteful

legal eagle :

Just don not answer the phone or have you joint custody ?

Customer:

we have no custody agreement.

legal eagle :

So she has sole custody no need to spek with her

legal eagle :

Ecuse my typoas

legal eagle :

typos I mean

Customer:

the threats have really takin a toll on me

Customer:

Im tired

legal eagle :

You can make a Gewaltschutzantrags which is an injunction that forbiids her to contact you

Customer:

I told her if she went to the military claiming I raped her, I would sue her...No she is running around telling people I said I would shoot her. I have all of this on audio

legal eagle :

She is crazy

Customer:

that's an understatement

legal eagle :

I would go to the police and go to family coirt to get a Gewaltschutzantrag, so she is no longer allowed to get into contact

Customer:

I have almost two hrs of her crying, screaming, yelling, threatening with my daughter in the background. Not to mention texts in which she did the same

legal eagle :

Just change your phone number or get the Gewaltschutzantrag

Customer:

As far as custody, the courts wont see her as mentally unstable?

legal eagle :

You are not interested in custody anyway ?

legal eagle :

If word get out to the Jugendamt she may not be seen for the child

Customer:

what is that?

legal eagle :

She may not be seen fit to care for the child

legal eagle :

My keyboard is German

Customer:

do u think what I have is enough evidence? The tapes are pretty strong

legal eagle :

Yeah I agree but they are not allowed as evidence

Customer:

really?

legal eagle :

Yes

Customer:

what about texts?

legal eagle :

What is your goal anyway ?

legal eagle :

Yeah there evidence

legal eagle :

Thea are evidence I mean

legal eagle :

What is your goal ?

legal eagle :

Do you want sole custody?

Customer:

what are my options? I just want her to stop threatening me and calling my commander

legal eagle :

The Gewaltschutzantrag is your best bet

Customer:

I would never try to take my child away from her mom but she is really affecting my life. even if she don't contact me, she'll call them

legal eagle :

It forbids her to get into contact with you

legal eagle :

If she gets into contact all the same she can even be punished

legal eagle :

As for the threats with your commander have an attorney write something to her

Customer:

they could block her from contacting them? she knows I don't have money because of other kids and bills

legal eagle :

Yes they could

legal eagle :

What she does is blackmail , libel at best

Customer:

do they have civil courts over here?

legal eagle :

Yes of course

legal eagle :

Lots

Customer:

could I take her there?

legal eagle :

Yes with the Gewaltschutzantrag

Customer:

but the tapes aren't evidence right?

legal eagle :

No ut you can make an affidavit and the texts are evidence

Customer:

I could write down what she said for the "audio"?

legal eagle :

Yes

Customer:

thank u

legal eagle :

You are welcome

Customer:

only after the lawyer contacts her or based off what I have?

legal eagle :

Hm waht exactly do you mean ?

legal eagle :

What you have should be enough

Customer:

does the lawyer have to contact her first or I can file a lawsuit now?

legal eagle :

You can file a lawsuit right now

Customer:

thank u. Under what grounds?

legal eagle :

Under grounds that you are threatened

legal eagle :

Insulted as well

Customer:

stress as well?

legal eagle :

Hm no

legal eagle :

The Gewaltschutzantrag means that she is forbidden to contact you

Customer:

what are normally the pernalties?

legal eagle :

No more phone calls

legal eagle :

Oh if she contacts you all the same she can pay a fine or even go to prison in extreme cases

Customer:

thank u. but in the end, I can get screwed after all of this

legal eagle :

Client of mine contacted his victim 60 times after having gotten the Gewaltschutzantrag

legal eagle :

Nearly went to jail because of that

Customer:

but she can go to the military this time and not anymore after that, there would be no penalty for her? In the US, The penalties involve money. I don't want to sue her...just to make her stop

legal eagle :

If you do not sue her there is no penalty

legal eagle :

You can just take her to civil court and demand that she stopss her false accusations

Customer:

thank u

legal eagle :

You are welcome

legal eagle :

If I have helped I would very much appreciate getting positive feedback ( a smiling smilie)

Customer:

thank u for ur time.

legal eagle :

That is my job

Customer:

thank u. u have a good night

legal eagle :

And you

legal eagle, Attorney
Category: German Law
Satisfied Customers: 10850
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and 4 other German Law Specialists are ready to help you

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