I am the defendant in a felony assault case and my kids mom the victim is constantly harassing me. What can I do?
1 attorney answer
You should block her phone number and social media accounts.
If her behavior meets the legal definition of criminal Harassment, and she has done it on 2 or more occasions, then you COULD file an application for Stalking Protective Order against her. However, the DA would be conflicted out of representing you so you'd be spending at least $10K on a private attorney to do it and that is probably money better spent on your defense of the felony charge. The only way that makes financial sense is if you already have an excellent defense team in place on your felony and they are fully funded to do whatever it takes to defend you. Even then, your criminal defense attorney might not be so hot on the idea of you taking the stand to testify against her in a protective order hearing because HER attorney would be able to cross-examine YOU and there would probably be questions about the incident that led to the assault charges and there wouldn't be a 5th amendment protection so the prosecutor could potentially use the answers you give in the protective order hearing against you in the criminal case.
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