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Question

Can I get a restraining order or injunction to stop my husbands divorce attorney from harassing me?

My husbands divorce attorney has been following me, driving by my house taking pictures of me and my daughters, and having other individuals take pictures of us. This would not bother me, except for the fact that during this divorce process, both of my homes have been broken into and damaged. There is just me & my two daughters in the home and this has caused a traumatic amount of fear and insecurity. The attorneys actions has escalated this fear to the extent that my daughters do not even feel comfortable in our own home.

I believe the attorney is doing this because she wants to catch me doing "something wrong." I am under doctors care for a major surgery and ongoing symptoms. As a result, I have been unable to work for the past 10 months. The FOC did an investigation into child support and spousal support and came back with a recommendation that was not desirable to him. Despite me voluntarily signing 4 medical release of information forms, allowing them to gain access to all of my medical records, she still continues to drive by my house & take pictures or have other people take pictures at all hours of the day & night. I do not have the funds to hire an attorney.

Divorce Child support Alimony Divorce and orders of protection Criminal charges for harassment Restraining order and criminal defense Fees
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Asked in Rochester Hills, MI | Oct 4, 2017 | 4 answers
Answer
Henry S. Gornbein
Henry S. Gornbein
Divorce / Separation Lawyer in Bloomfield Hills, MI
4.4782608695652 stars
23 reviews
Rating: 10
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View Phone Number (248) 258-3500
View Number (248) 258-3500
Message View Profile
Posted on Oct 4, 2017 Voted as Most Helpful

Hi, This is a situation where your attorney should be stepping in on these issues. If you do not have an attorney it is imperative that you hire one. In some situations the judge will order your husband to pay attorney fees so that you can retain an attorney. Talk to an attorney at once for advice, information and possible representation. Good luck to you.

Henry Gornbein

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Answer
John F. Brennan
John F. Brennan
Business Attorney in Saint Clair Shores, MI
4.6 stars
10 reviews
Rating: 10
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View Phone Number (586) 778-0900
View Number (586) 778-0900
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Posted on Oct 4, 2017

If you cannot afford an attorney it is possible that your attorney's fees MIGHT be ordered paid by your husband or out of the distributable marital estate.
As for your being observed, if your statements of your abilities to function and work are believed to be exaggerated by the opposition they can be anticipated to seek evidence to disprove them, including observation and pictures.. There is a lime where such becomes harassment if it is too intensive. It has is most doubtful it has anything to do with your houses being broken into.
You are going to have to hire an attorney and seek counsel or the divorce way end up less favorable to you than otherwise. In this case legal services are an investment in you and your children's future.

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To the PROSPECTIVE client, please call with more details, and for an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon the information you have conveyed. It is based on such limited information that it is a general answer, and should not be relied upon as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.

Helpful (0) Helpful (0) 3 lawyers agree
Answer
Charles M. Kronzek
Charles M. Kronzek
Divorce / Separation Lawyer in Lansing, MI
4.1333333333333 stars
15 reviews
Rating: 9.8
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View Phone Number (517) 886-1000
View Number (517) 886-1000
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Posted on Oct 4, 2017

I agree that it is critical for you to immediately hire an attorney to ask the judge to have your husband pay for your attorney fees.

The opinion that I express should not be considered to be legal advice that can be relied on. It is based only on the limited amount of information provided rather than doing a thorough review of all of the important information that is required to give accurate legal advice. You should consult with an attorney that has extensive background in the area of the law that your are inquiring about.

Helpful (0) Helpful (0) 3 lawyers agree
Answer
Peter L. Conway
Peter L. Conway
Probate Attorney in Lapeer, MI
4.4285714285714 stars
14 reviews
Rating: 8.8
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View Phone Number (810) 664-1388
View Number (810) 664-1388
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Posted on Oct 4, 2017

Michigan Court rules provide for fee shifting under certain circumstances. Consequently, you may be able to get the court to order that your husband is to pay part or all of your legal fees.
Aside from that, you can apply for a personal protection order against the lawyer.

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An attorney has indicated that they believe this person will require a legal consultation

I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.

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