Ask a German Law Question, Get an Answer ASAP!
thank you for using Just Answer.
It is about custody I think
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
She threatens you with what ?
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
that's just a small part
Oh that is blackmail of the nastiest kind
Why would she do that ?
because I have a new girlfriend...and I have not seen my child too much because of work and deployment. She is very irrational
She sounds kind of dangerous
we was never in a relationship. We had sex a little over a month after we met. The condom popped
I have 4 other children. I told her I wasn't ready for another outside of marriage
I can understand that
she had the baby and when we are cool. she is cool, when we aren't, threats all the time
Visitation cannot be forced but yiu still have to pay chikd support
I understand. She is trying to ruin my career to be spiteful
Just don not answer the phone or have you joint custody ?
we have no custody agreement.
So she has sole custody no need to spek with her
Ecuse my typoas
typos I mean
the threats have really takin a toll on me
You can make a Gewaltschutzantrags which is an injunction that forbiids her to contact you
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
She is crazy
that's an understatement
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
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
Just change your phone number or get the Gewaltschutzantrag
As far as custody, the courts wont see her as mentally unstable?
You are not interested in custody anyway ?
If word get out to the Jugendamt she may not be seen for the child
what is that?
She may not be seen fit to care for the child
My keyboard is German
do u think what I have is enough evidence? The tapes are pretty strong
Yeah I agree but they are not allowed as evidence
what about texts?
What is your goal anyway ?
Yeah there evidence
Thea are evidence I mean
What is your goal ?
Do you want sole custody?
what are my options? I just want her to stop threatening me and calling my commander
The Gewaltschutzantrag is your best bet
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
It forbids her to get into contact with you
If she gets into contact all the same she can even be punished
As for the threats with your commander have an attorney write something to her
they could block her from contacting them? she knows I don't have money because of other kids and bills
Yes they could
What she does is blackmail , libel at best
do they have civil courts over here?
Yes of course
could I take her there?
Yes with the Gewaltschutzantrag
but the tapes aren't evidence right?
No ut you can make an affidavit and the texts are evidence
I could write down what she said for the "audio"?
You are welcome
only after the lawyer contacts her or based off what I have?
Hm waht exactly do you mean ?
What you have should be enough
does the lawyer have to contact her first or I can file a lawsuit now?
You can file a lawsuit right now
thank u. Under what grounds?
Under grounds that you are threatened
Insulted as well
stress as well?
The Gewaltschutzantrag means that she is forbidden to contact you
what are normally the pernalties?
No more phone calls
Oh if she contacts you all the same she can pay a fine or even go to prison in extreme cases
thank u. but in the end, I can get screwed after all of this
Client of mine contacted his victim 60 times after having gotten the Gewaltschutzantrag
Nearly went to jail because of that
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
If you do not sue her there is no penalty
You can just take her to civil court and demand that she stopss her false accusations
If I have helped I would very much appreciate getting positive feedback ( a smiling smilie)
thank u for ur time.
That is my job
thank u. u have a good night
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).