What is the legal term for when one person uses another persons criminal history against them to harrass them?

Question

My husbands ex wife is using my husbands criminal history from almost 20 years ago against him. They share other children together and everytime he goes to court for visitation she uses his past history. So he does't get to see his other children. Child Protective Services is very familiar with her, because she always calls them and makes complaints and alligations against him. His criminal past deals with a sexual charge, in which at the time he was about 19 years old, his girlfriend was about 16, the parents didn't like him and pressed charges, he was scared and took a plea bargain. He served his time of a few years, and was released. He is not on Megans Law or any law of that sort. But his ex keeps using his past in every court case that they have. What do we do?

Answer 1

First of all get a good lawyer. then remind the court that it was in the past and tell them that if he has to do supervised visits to start off with then he will. Ask them if there is anything else he can do to put them at ease (take parenting classes or something) because if he is paying child support then he has every right to see his kids. Also he could write to the jude that sentanced him for his offense and see if there is any way for it to be expunged. But ya I would start with a good lawyer, and if you cant afford one go to www.prepaidlegal.com its a pre paid legal service, also you could call around in your local area to lawyers that might do it pro bono

Answer 2

I would look around and see if there is a true killer attorney in your area. You need someone who can stomp on the ex-wife, light a fire under a judge or at least get some attention for your plight..

Seems the children involved would be getting old enough to have some say in the matter of visiting with dad. Is he paying child support and that on time? Is the 20-year-old case all there is?? If so I would see if there was any way to seal that old case.

No more Mr. Nice Guy. You need a mouth piece that can scream as loud as the ex and take a fresh look at what the system has or hasn't done for you.

Sorry to say money still talks. Be prepared to spend some.

Answer 3

Your husband was an adult at 19 legally. He should have hired an attorney then but he didn't I don't think.

Now he should.

There is no term for what you are saying. The only word I could think of is "character evidence" which means that the use of bad character in the past can indicate in a court of law what future character may be. This type of evidence is impermissible UNLESS evidence of character is at issue, which it is when sex or inappropriate behavior with minors is involved.

You need a really good and connected attorney to figure out what to do. GOOD LUCK. And it will be costly.

Answer 4

You want to petition the court to have his record expunged. He will need to contact the courthouse in which he was sentenced. Talk with the clerk and ask for the paperwork.

You will need to file the paperwork and most likely appear before a judge and he will grant the request. Be sure to mention all the issues he has with his ex-wife.

Once the record had been expunged, his record will be cleared and she will have nothing to use against him.

Answer 5

nicely expensive, do no longer think of it quite is harassment, yet i'm no longer an lawyer. A criminal checklist is a public checklist, meaning each and each individual style everywhere can view, criminal checklist from courthouse the place convicted. should not be any clarification for harassment for it quite is a controversy of public checklist, any and all has get entry to to it. would not look honest, if your husband did his time. yet in simple terms as marriage license, dying certificates, beginning certificates, divorces, any conviction of criminal interest is prepared on the universal public to confirm.

Answer 6

Get a lawyer and keep track of every time she has used this allegation.

He can also try to get a pardon in which case these charges would no longer appear on his record, he has a good chance if he has no other priors. Seek legal aid if you have to.

Answer 7

I know exactly what he going throgh see my Ex did the same to me with nothing against me no jail time, just nothings, you know why not enough money for a good Lawyers. The ***** uses the kids against me, she minipulated them, buy love, with the prick moneys, I haven,t seen my kids in 13 yrs now all grown up still no kids, but there a god, what goes arond will come around , I want to know how he handling it I wanted to k--ll , but like I say if your kids love youi they come around sooner or later they will get in troubles they need help.

Answer 8

Blackmail.