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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29986
Experience:  Attorney with experience in family law.
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I am filing contempt charges against my ex-wife this week for

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I am filing contempt charges against my ex-wife this week for not letting me see my daughter for 29 days. These are in a current parenting plan. It has not been in a row, but over the last 10 months. My question is, can I also file a restraining order to stop direct contact with me, unless a case of emergency with my daughter, she can contact an attorney which she pays for to have the attorney contact me? She sends me text messages once a week, complaining of various things, my grandma passing away, Im a bad father, my current wife, I make a lot of money, I have a new truck. This also includes all of the reasons my daughter isn't coming over that particular weekend. Then the next time my daughter comes over, those problems have magically disappeared. There is no "real" reason she keeps my daughter for my weekends. Is this request possible? And how would I word that to a judge?

My name is XXXXX XXXXX I'd be happy to answer your questions today.

To get a restraining order, you would typically have to show that she is harassing you or threatening you or the children, which goes beyond just texting you every week or so. If she were sending 10 texts a day, with no legitimate purpose to any of them, that might rise to the level of harassment.

However, you do have the option of asking the judge to order her to refrain from contacting you about any issue that is not directly relevant to emergency situations involving your daughter, or that all communications go through a designated third party. It wouldn't have to be a lawyer, and you may not be able to get the judge to order her to pay a lawyer for that purpose, but he can tell her not to contact you for issues that don't have to do with your daughter. Once that order is in place, if she keeps texting you for no reason, she's in contempt of court and you may be able to have her sanctioned.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 4 years ago.

Thank you very much for the suggestion, I am going to ask for that. What is considered an "emergency situation"? She tells me all of her texts are emergency situations. I would like to be extremely clear as to why she can contact me. As for the third party being involved, what type of third party could that be? The problem I ran into previous, we went to see a mediator and they were zero help. They actually asked her, "Could you stop texting him unless it is an emergency situation?" Of course she said yes and that didn't help. As soon as we got out of mediation she started texting me. So Im trying to get an idea of a third party that would actually help.

You can ask the judge to define an emergency, but it would typically be something that the reasonable person would think was an emergency. If your daughter were in an accident, that's clearly an emergency. You said that one of the things she texts about is to complain about your new truck - that's not an emergency. But you could also ask that text contact be limited to specific situations, such as visitation or necessary medical care, and anything else be sent via letter.
Customer: replied 4 years ago.

Okay, thanks for that information. When can I ask for sanctions and what can I ask for? In this particular contempt filing, I am asking for the 29 days she missed, Im asking for my daughter to spend the month of August with me to make up for those days. Is that considered sanctions?

Any time a person violates a court order, the judge can order sanctions. Sanctions are penalties, and they're typically monetary. But, the judge has a lot of discretion. If one parent is not following the court order and denying visitation to the other, the judge could order additional visitation to help make up for some of the missed time. It's not guaranteed that he will, but it is something that can be requested.
Lucy, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you very much. You have helped me in the past and have given me great information every time. Thanks a lot.

You're very welcome, and thank you. If you have any other questions, I'm happy to help.