I met someone that I have now been dating for about 8 months. He has been going through a divorce for the last year and a half. The soon to be ex wife is a nightmare. Once she found out my name, she began to cyber stalk me and my friends and family. She started to send them messages calling me a "wh*re" and a "home wrecker." But I met him way after his divorce was filed and they were living separately. My family and friends have since blocked her. She then began to send me these long emails to the point that I blocked her and asked her not to contact me. She even called my place of employment to ask if I worked here, how long I've worked here and what my salary is (she thinks I'm dating him for his money.) She has slandered me to his family. She started texting me, and I blocked her number. Now, last night, she sent me an email from another email after I've blocked her. I'm very concerned with her behavior that she truly could harm me. The issue here is that she is in Iowa and I'm in Minnesota. How can I file a restraining/no-contact order? Would I have to file one in both states? Like I mentioned, I am concerned for my safety. What should I do?
I believe Minnesota would have jurisdiction. I would doubt you have any viable civil case. If you do try to sue, you can fully expect to be counter sued. Juries don't tend to favor the "other woman." He is still married. Have you actually verified he has pending divorce case or are just relying on his word.
Robert D. Kane, Jr. Esq. Licensed in CALIFORNIA (based in City of Orange, Orange County;) and MINNESOTA (based in Eagan, Dakota County.) State and Federal Courts My answers are for general information only and not legal advice. My answers should not be relied on as specific legal advice. Much more information would most likely be needed for a legal opinion. My answers are based on Minnesota or California law as appropriate. I am only licensed in California and Minnesota. I provide legal advice and counsel during the course of an attorney-client relationship only. This relationship is established by a written agreement and a retainer (unless otherwise agreed upon.)
You can file the petition where you live in MN and it can be decided there. The respondent would have a chance to challenge the petition and reply if desired.
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