my ex husband gained full custoday of our soon to be 15 yr old son a year ago. since then he still harasses me with phone calls and text messages saying "how does it feel to never get to see your son again" also, he gets $500 a month child support from me, but constantly text me saying they all go out on my tab. vacations, jewelery shopping , new phones etc. he always puts me down and laughs says he is going to go back for more support. my question is , is there any way this is considered harassment and can that be proof in court that all he cares about is money?
Family Law Attorney
Yes, persistent and offensive messages and calls can constitute harassment. Harassment, as well as "disturbing the peace" are part of the domestic violence act, and theoretically they can be evidence the court can use to issue domestic violence restraining orders. The Court is less likely to issue a restraining order if the calls/messages are not threatening in nature.
They probably also can be used as evidence in a custody proceeding, but without more facts it is impossible to predict what would happen. The Courts are guided by what's in the child's best interest, and if your ex got full custody there must be more to the story, so it's not clear whether the messages themselves will have any impact.