We have joint custody of the child, me being the custodial parent. Our SPO has permanent injunctions stating we are not to harass ea h other. It also states custodial parent has the "duty" to inform non-custodial parent of education, welfare, etc of the child.
This is a high conflict case. Custodial parent reaches out to parent to discuss child via email or text. Non-custodial responds with curse words, or in a way simply to annoy custodial parent. For example, custodial parent would like to take child to a therapist and asks non-custodial what his thoughts are. Non-custodial responds with "you need counseling, the end." It's frustrating, and non-custodial constantly belittles, and sends lies via text and email and makes false police reports and accuses custodial of Harrassment. I the Custodial parent is unsure where to draw the line for communication, under court order it's my duty to communicate, however non-custodials replies are annoying and off topic. At times, it's just goes back and forth. Other times I ask to stop repeatedly.
There is no law against being annoying and you do not have a right not to be offended, if he is just being an ass then it does not appear that you would have a winnable case against him. HOWEVER if he is sending lies about you to other people and making police reports that are false and totally without a basis in fact then you could have a claim for defamation. Read your court order and see if it addresses the issue of his rude comments and talk to an attorney.
Did you have an attorney represent you in the previous proceedings? If so, contact him/her about filing an enforcement action. If not, contact an attorney, let him/her read your order and he/she should be able to determine if the harassment constitutes a violation of the current orders. Depending on the facts of your case, you might be able to file an enforcement action and/or a modification. As part of your petition, you should include a new request that all future communications between parties be conducted through Our Family Wizard or some other similar program. With this type of program you can satisfy all your duties and submit all communications through the program and any response from the other parent will be through the program, thus creating a record of all communications. Print out any text or email that you believe are improper and provide them to the attorney. The attorney should be able to use the information to support your case.
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