Retaining order for family laws case

I have been trying to reach out to mother of my husband daughter to build the relationship via email. Offer to do a play date and talk if she needs to in a good faith. Hoping that we can make this custody battle easier by being friendly toward one another. Today we got a declaration that she submit to court asking court to order me to cease the contact and only allow my husband to contact her for child best interest. I feel very uncomfortable with this. She asks my husband to email, text and call her. in this past 3 months the email total of 120 emails. 2 texts 3 phone calls. My husband told her to only communicate via medium that court order. I feel alot of distress and feel like walking away from the marriage if there will be a third woman in this marriage like this.

Los Angeles, CA -

Attorney Answers (2)

John Hamilton Kibbler

John Hamilton Kibbler

Chapter 7 Bankruptcy Attorney - Upland, CA
Answered

This is an issue between your husband and his ex. You would not have standing to seek restraining order for yourself. I would, of course, strongly recommend that you terminate your attempts to contact the ex; it could possibly considered harassment and she would have standing to get a restraining order against you.

Since you are uncomfortable with the communications between the woman and your husband, you need to talk to him about it and express your concerns. If she's communicating with him in a fashion that is outside what the court ordered, and if he's concerned about it, he might want to go back to court to modify the existing orders or to seek a contempt sanction against her.

Good luck.

The answer to your question is not intended to provide you with legal advice you should rely on, only a general... more
James Louis Miller

James Louis Miller

Domestic Violence Lawyer - Fresno, CA
Answered

First of all cease all contact with the ex. This is a between the ex and your husband. You and your husband need to sit down and discuss the way he communicates with her and tell him to go by the court orders that are in place. If the ex refuses to abide by those orders then the matter needs to be taken back into court for enforcement or modification through an OSC.

I know you are doing what you think is best for the child but your husband is the one who needs to be doing that. I know it's hard on you and that is why you and your husband need to discuss matters as well.

Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific... more

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