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Restraining order for emailing?

Georgia |

Hello I correspond with my husband's ex about the kids via email, cause I prefer not to talk to her. Recently I sent email advising her I will be transferring money into her account, as my husband has done in the past, for his son B-day since he is deployed and she will not allow us to purchase a gift on our own and send it to him.

So she says she doesnt want us to transfer money into her account unless its through the child support registry and that any money we give her other then support, send it through the mail. In reply to that I asked why does she always got to make things so difficult and that I will mail her a prepaid Visa with the money on it.

So I guess she did not like my reply, and told me I was being difficult by not adhering to her instructions (even though i said I would mail a prepaid Visa) and that she will no longer correspond with me and only my husband through his work email (and with him being deployed will not do much good that is why I was writing her to start with). But then she continues on to say that anymore emails from me would be considered harrassment and she will petition the court for a restraining order.

My question is on what grounds does she have to get a restraining order if the emails I send do not have any harrassing statements at all in them? All that was said is I was sending money and that since she wanted to be difficult I will mail her a prepaid visa? So if I reply to her, could she get a restraining order against me?

She is known for abusing the court system and playing the victim as if she does no wrong, and twisting the truth. And she is difficult when it comes to the children and intefering with their bond with my husband their father because she does not like me and she hates when someone tells her the truth of how she is really acting.

Attorney Answers 1


The issue presented is whether contacting another person via e-mail constitutes sufficient grounds for said person to obtain a protective order?

The answer is that it would be up to the Judge who hears your case.

As a general mater, pursuant to O.C.G.A. §16-5-94(a) A person who is not a minor who alleges stalking by another person may seek a restraining order by filing a petition alleging conduct constituting stalking as defined in Code Section 16-5-90.

O.C.G.A. §16-5-90(a)(1) defines stalking in pertinent part as follows: a person commits the offense of stalking when he or she ... contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms "computer" and "computer network" shall have the same meanings as set out in Code Section 16-9-92; the term "contact" shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received.

The Code Section defines “harassing and intimidating" as follows : knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose.

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