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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18785
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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the young woman my husband is having an affair with has filed

Resolved Question:

the young woman my husband is having an affair with has filed a restarining order against my sister. my sister has posted things on Facebook but has not contacted her personally or been to her home etc. the young woman lives just down the road from us. she has previously filed a complaint for harassment against me too. what can we do to prevent her from legally filing anything against us? what can we do or file against her?

she is having an affair with my husband, lying to her parents still about it and doesnt like the fact we have been truthful to her family and others on Facebook about it.
i am fine with her and my husband. but want to take legal action to protect my family against her. what can we do as it seems my mother speaking to her parents hasnt deterred her from her wanting pay back. for telling her family what she has been doing and posting on Facebook about her. only i have been in contact with her not my sister. so why go to my sister if my sister has not been doing anything?
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

Chris The Lawyer : Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.
Chris The Lawyer : it is difficult to stop someone filing an application. The best way to deal with this is to successfully defend the application, and get an award of costs against her, so that she has to pay you. Your sister can defend the application, which I assume is under the Harassment Act.
Chris The Lawyer : Defending this application successfully will,certainly stop her filing again.
Customer:

how do we defend successfully and what if she files against me or my mother after that? for the same reasons

Chris The Lawyer : The grounds for getting an order are quite strict, so she would have to prove that she had been threatened in some way. If all you have done is criticise her and her morals that would not be enough. Has she served papers on you and your sister yet?
Customer:

my sister received something from baliff and has been asked to go to court for the matter. but nothing on me.

Customer:

she filed a complaint against me that i was stalking and harassing her but have only been contacting her due to infidelity reasons

Customer:

i have not received anything nor my mother

Chris The Lawyer : You will need to see a lawyer and file a defence, with an affidavit stating the truth about what has happened. Your sister will need to do so as well. On the date in the court papers you will need to go to the court and talk to the judge, but this may be easier with a lawyer
Customer:

My sister has not threatened her in anyway. My mother has been to their place and i have been the one texting and calling her. My sistr has not been in contact with her for over 6months now. When my sister did text her she did call her names. my sister has never approached her at all.

Customer:

why do you think she is doing this legally and not just sort things out in a civil manner?

Chris The Lawyer : Guilt perhaps
Customer:

so my sister and i need to see lawyers also speak to judge through lawyer about affidavit etc

Customer:

then how do you think this would result in?

Chris The Lawyer : Yes. Perhaps your husband should pay for this. If you tell the truth to the judge then no Harassment order will be made
Customer:

thank you and yes he shall pay

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18785
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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