The answer to your question will depend on whether he is threatening to harm you or your child and if you are in imminent fear of injury or death. That is the basis for a Domestic Violence Injunction.
If you do not meet that criteria, then we need more facts. Do you have a Court Approved Parenting Plan? Have you ever sought protection from the Courts before? What is his level of involvement with your child?
Best of luck to you.
This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445
I agree with my colleague. These are unfortunately not too uncommon problems that people face immediately post divorce. People can and do act a little bit "crazy" when they are finally divorced and this can include some atypical or aberrant behavior. The question is whether or not the behavior reaches the threshold of being actionable pursuant to any of the relevant family law/domestic violence statutes. As noted, everything begins with your Final Judgment and a careful reading of that document is imperative. Not all parents address the issues of dating around minor children, etc. but many of them do. As far as the mental abuse is concerned, I would encourage you to not respond to it or dignify it as this only empowers him. He only does it because he can't harass you in person. It's pathetic and very common. He obviously is not in a very good place because he's acting this way towards the mother of his child. Make sure to keep careful notes (for future matters) and always take the high road. Do not get down in the mud with him.....if you do that he wins. Figure out something healthy to do as an outlet when he frustrates you (like go jogging) and go do that or something else to better yourself when he chooses to act in such a childish manner. Best of luck to you.
Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.
He certainly loves to hate you and hopefully you can be a solid person for your daughter and not let things like these affect you. When the daughter sees you distraught, she gets distraught. It is easy to say don't let what he does affect you, but quite hard to follow. One story I read was about a little girl whose mom was extremely distraught by the divorce and said the most horrible things to her about her father. He somehow learned to pass it all off when the ugliness was inquired about by the girl. He did not partake in the insanity. It was written by the little girl who had since grown up and was thanking her dad for being solid.
R. Jason de Groot, Esq., 386-337-8239
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