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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33760
Experience:  Began practicing Family Law in 1992
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Question: 1. What are my legal actions against my wife who

Customer Question

1. What are my legal actions against my wife who keeps on nagging, sending nasty text and continue harrassing me to destroy my reputation?
2. What are my legal actions to stop her provoking my son, telling that his father is like this and that. As a result my son gets out from my house to escape from her.
1. June I received a letter from child support case was filed, I went to clarify things since she is filing for custody for all my 3 children. I ask child support if it is possible because even though were not in good terms with my ex wife, we are still living together.
2. July 2016 ex-wife together with my daughter and my youngest son left our apartment and rent a room from a friend. That time she was filing for a child support for the two children. Me and my eldest son left in the apartment.
3. July 2016 we face in court for child support. Child support were agreed for 2 children.
Ex wife keep on asking where is my child support, I told her that I payed thru child support dept.
4. I kept my visits to the 2 children but she keeps on telling my kids try to destroy my name to them. Including my eldest who is lving with me, she keeps on telling lies and keep o nagging him and provokes him. I tried to tell my son to calm down everytime she did that because my son reacted prone to hit ex wife.
5. Sept 15, 16 surprised came when my 2 kids were there, So happy to see them. I cook every morning and send them to school. I ask ex wife what happened, she said she is moving to the next door apartment the same compound. She said it was promised by the manager that she can moved on the 16th but not materialized. Now she kept on going inside the apartment and nags me everytime we met. Likewise the same to my eldest son. 6. Now she is sleeping there again and do the same scenario where kids witnessed her arguments all the time.
Please help me with these. Ex wife has been in prison due to domestic violence during our commotion.
Submitted: 12 months ago.
Category: Family Law
Expert:  JD 1992 replied 12 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 12 months ago.

The answer to #1 and #2 are the same. The way to stop this behavior, assuming she doesn't do so willingly, is to file for an injunction. You will want a lawyer to help you with this because injunctions are extremely complex, much more so than most other matters, and your lawyer will first send her a cease and desist letter so there is a chance that you can recover your attorney's fees if an injunction is necessary.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 12 months ago.
Thank you attorney but it sounds so complicated to me having a low income and I cannot afford an atty. Is there any lightest thing to do? Warned her from an authority that what he do is not appropriate? The kids blamed me when their mom jailed for domestic violence. Any alternative procedure?
Expert:  JD 1992 replied 12 months ago.

It is extremely complicated but it is the only method available. You could have a lawyer write her a letter stating that you would be filing on her or you could contact the police and tell them that you think she is guilty of "harassment" but they are almost certainly going to tell you that "it's a civil matter". It doesn't hurt to try, other than it delays matters.