I got a Temporary Injunction against my ex husband. We are in the middle of a lot of post-divorce proceedings. I have an attorney but my ex is Pro-Se. He has been contacting my attorney to discuss the injunction and other matters of our pending case. Is this allowed or would even contacting my attorney constitute a violation? My attorney is trying to work with him but he tells me that my ex is telling him all sorts of personal and derogatory information about me like how he thinks I am a horrible mother, that he thinks I don't care about the children, etc., that I told him I wanted him back (which isn't true). Is he violating or is this contact with my attorney allowed. Thank you for your opinions.
Federal Crime Lawyer
Your husband acting pro se in the divorce proceeding has no way of conducting that business but to contact your lawyer. That is not violating the temporary injunction against having contact with you. Your attorney should advise him, however, that the communications need to be related to the case and not his opportunity to say derogatory or defamatory against you that he intends to be relayed to you. I'm sure your attorney can quash this behavior or tell him that he would file a violation of the injunction for communications designed to reach you that are not divorce or custody related.
Contacting your attorney is allowed. Family law attorneys hear all sorts of derogatory information about their clients. I'm sure your attorney takes the statements with a grain of salt.
Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.
Because your Ex is Pro Se he can contact your attorney regarding the specifics of the case and to exchange mandatory disclosure. Your attorney can redirect him to stick to the necessary issues and to not engage in slanderous irrelevant dialogue. Pro Se contact regarding the case with your attorney is not a violation of the injunction.
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If you have a lawyer, your ex-husband can contact the lawyer since he is unrepresented. The temporary injunction would discuss what he is prohibited from doing. However, contacting your lawyer is most likely appropriate. Sometimes it is best to require communications with a pro se litigant in writing. I would discuss your options with your lawyer.
Sandy T. Fox, Esquire
Board Certified Marital & Family Law Attorney