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Can I file a harassment case against my husband's ex wife?

Decatur, GA |
Filed under: Family law

My husband's ex will not leave us alone. They have two kids and she has primary custody. Whenever the kids are with him she harasses us incessantly with calls, emails, texts, and threats to "make a scene". He's had to call the police on several occasions although never at our home. She has admitted trying to break us up, sworn at me and called me other names to both of us. Yesterday she came over at 10 PM to get their daughter. She did not come on our property but honked the horn repeatedly at the street and when my children were at the door saying good bye to their step sister she screamed at them to get back in the house. Does this qualify as any kind of harassment? It is causing me a lot of stress and I worry about the impact on my children should she continue to act this way.

Attorney Answers 3


You may look into possibly getting a stalking protective order against her. Also, depending on the circumstances of the divorce, there may be grounds for filing contempt against her if she is violating court orders re: not harassing her now ex-husband, his family, etc.. In addition, there are criminal statutes re: stalking, harassing phone calls (ocga 16-11-39.1).

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Where is your husband and his lawyer in all this? He can likely file a contempt if the divorce is being violated, and other relief. You might also be able to file a stalking order as well.

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We are talking to my husband's lawyer about this. Our home is solely in my name so I thought the claim might need to come from me since it is my property. Having never been through a divorce, I am not sure if he could file for contempt.


Under the facts provided, I know this is your husband and you are trying to do what you think is right to help him, however, I would suggest you step back and let him deal with her. They have children together so there will be some contact between them. There is no need for you to have contact with her. He has several options including the ones mentioned in the other posts. Let your husband deal with her.

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