Is there anything I can file with the courts to stop my ex husbands constant litigation threats?

Asked almost 2 years ago - Temecula, CA

Father is constantly sending me copies of our court orders and his own interpretation of them. He is constantly sending me emails and texts "You dont want to face a judge again do you?" "Dont make me take this to the next level" "You are giving me no choice" "Your are forcing my hand" I had an attorney I know what court orders are father doesnt agree with his interpretation of them so he threatens me. I have gone in detail with my attorney when I had him on making sure I am ok and I am. So while fathers threatens me he files ex partes the last one gets denied but get set for a hearing. I cant afford a new attorney on same issues we had during the last case. I am getting letters sent from his attorney as well now and calls threatening me......what can I file is there anything I can file?

Additional information

It doesnt stop when I have my son during my time he is also texting and threatening me "remember what time you have our son till" "You are the one to drop him up not me picking him up you better follow court orders" This ruins my time with my son and I cant turn my phone off I work from home I need to take calls even during my visitation time. This is affecting my every day life its abusive emotionally I am scared of him he has tried to falsey accuse me of stuff before. I have to take him seriously he accuses me stuff and Ihave to always defend myself. I need this to stop!!! I have all his texts and emails

Attorney answers (3)

  1. Christine C McCall

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . If your family court has adopted the Family Wizard tool, ask the court to order that all emails and messages be through Family Wizard. The prospect that the court can and will read through the correspondence and communications between the two of you can be a profound inhibition against repeated and abusive communications such as you are suffering.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Constantine D. Buzunis

    Contributor Level 17

    4

    Lawyers agree

    Answered . You could file a request for a restraining order or if you already have one, a request to modify it, if you can show that the ex and the lawyers are harassing you without justification or that there claims are not in good faith and are just meant to be harassing, burdensome and oppressive?
    I would start by sending the ex and his attoreys a cease and desist letter demanding the harassment cease immediately or you are going to seek a restraining order, including recoverable costs if the conduct continues. You could also inquire of the State Bar of California on the ethics of the lawyers in pursuing a pattern of conduct that is unsupported by the court rulings or evidence and claim the communications are being sent simply to harass? It may be tough to prove if the court orders/ruling are subject to interpretation and you are viewing them one way and the other side the other way? The other thing you can do is to file a motion requesting the court order(s) be clarified as there is a dispute as to the interpretation and the ex is harrassing you over it and you want direction from the court? If you are in the right, most judges will pick up on what is going on and tell the other side to obey the order(s) and stop harassing you.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  3. Adrienne Patricia Allen

    Contributor Level 15

    3

    Lawyers agree

    Answered . Start with the restraining order and try to get it against the attorney as well. You should be able to get the forms online or at the court. Just serving it on your ex and the attorney may stop the harassment. Bu get the court order so if it continues you my be able to have him arrested. At least you will feel somewhat in control here and get yur life back. Good luck to you!

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,090 answers this week

2,929 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,090 answers this week

2,929 attorneys answering