What should be my best defense in court against my soon to be ex wife?

The same day of our mediation, she cancelled it, filed an initial injuction in court but it was denied. I do not live with her. She stated that I sent her text messages threatening he to cause her bodily injury, but that never happened. She said that I sent an e-mail to a friend of mine telling him that I would kill her, but, that is not what is says in the e-mail. She is accusing me of things that never happened. This lady was Backed acted by police last December due to an over dosage of sleeping pills.

Miami, FL -

Attorney Answers (2)

Jennifer Ann Jacobs

Jennifer Ann Jacobs

Family Law Attorney - Winter Park, FL

The truth is always a good defense. If you have copies of the email showing that there was no threat- that would be helpful. However, what your best defense is depends on what it is you are trying to fight for. If the dissolution involves minor children and you are seeking substantial time sharing or supervised time sharing with mother, you may want to request a psychological evaluation based on her prior mental health issues. If the issues are regarding distribution of assets- her mental health condition and her allegations of threats against you will not really be relevant.

Kevin Lee Mcnamara

Kevin Lee Mcnamara

Family Law Attorney - West Palm Beach, FL

Get the emails/texts and be ready to have the witnesses testify about what they heard (or did not hear) or receive in messages. If children are involved, I would strongly urge a more aggressive approach and perhaps evaluations for fitness by a psychologist. If you have not consulted counsel, you should consider it.

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