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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I have had a protection order against my oldest childs father

Resolved Question:

I have had a protection order against my oldest child's father for 5 years for family violence and stalking me with the most recent one being renewed in March 2013. He still gets visitations of our 5-year old child but exchanges are done at a court ordered supervised location so that my safety is maintained and so that my address will remain confidential. By having this in place, I have not physically seen my oldest child's father in 5 years other than in court. I met someone 2 years ago and recently gave birth to another child. My oldest child recently started coming home from the visitation asking me question about the baby. The questions are of an adult nature leading me to believe that the questions are coming from the father. Recently, I found out that my oldest Child's father posted a photo of me on Craigslist soliciting information about me and my newborn child. It was an old photo from back when he and I was together so I know it was him. This is just another form of harassment and stalking of me. What can I do?
Submitted: 4 years ago.
Category: Family Law
Expert:  Ellen replied 4 years ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Good Morning,

I am a Florida licensed attorney. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

You are correct that posting a photo of you on Craig's list is a violation of the restraining order. Manipulating your 5-year-old child to ask you questions may be a violation as well.

You may want to consider petitioning the court to extend the protection order to your newborn child and asking the court to hold your oldest child's father in contempt for violating the existing order

I would be glad to respond to any related follow-up questions that you may have.
Customer: replied 4 years ago.
As I mentioned, he has posted intimate pics and other things of me on the Internet in the past as a form of harassment but I could not do anything about it as a lawyer told me that I had to prove to the courts that it was him who posted it even though he was the only person who had those photos. Otherwise it was his word against mine.
Getting someone to investigate to get the proof would have been expensive. Therefore, I did not pursue it. Will I need to prove that it was him ?
Expert:  Ellen replied 4 years ago.
It is correct that you will need to convince the court that it was him. That said, it once the contempt action is filed, you can subpoena the records from Craig's list to prove that he made the post. ( It's not clear to me why a similar method could not have been employed previously with the intimate photos)
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