Restraining Order/Harassment Question?

Question

Question - and only serious answers please! I live in Missouri. I'm dating a guy that's going through a divorce. The papers are filed and the ball is rolling. His soon to be ex is psychotic and will call him numerous NUMEROUS times a day/night to tick him off. He's finally heeded my advice to IGNORE HER. She calls his cell phone, which is actually in my name. They have 2 children together. If she refuses to stop harassing him/us, can I file harrasment charges, or a restraining order, that will prevent her from calling, and only allow his children to call him? She's a VERY coniving person that will NOT stop. What's my options, legally? PLEASE only serious answers. He also lives with me. There's no visitation for the kids established, he's supposed to get them every weekend, but she constantly denies him seeing his kids. He's a GREAT father. Need some help with this please!

Answer 1

Hi I am a massachusetts divorce attorney. You should consult a lawyer in Missouri for legal advice.

I can tell you how it works in Massachusetts: you are not entitled to a domestic violence restraining order b/c you are not in a relationship with her or have children with her. If the phone is in your name however and she is making annoying and harassing telephone calls to your phone then you can contact the local police about it. Either the police will file a criminal complaint against her or you can file a civilian request for a criminal complaint at your local courthouse. If criminal charges are issued against her then you can request a no contact order which most courts will give you while the case is pending and even after as part of a plea bargain.

Don't get too involved with the situation however - if your boyfriend wants visitation with his children every other weekend then he needs to hire a lawyer to do this or go to court without a lawyer and get a written visitation schedule from the court that is hearing the divorce.

Answer 2

For starters, you may be able to get your cell phone company (and your land-line company) to block her phone number so she can't get through. I'd try that first. If she's still giving you grief, call your local police department and make a complaint. The police will tell you whether or not a judge can issue a restraining order -- the laws vary from state to state.

P.S.: You're living with a guy who's going through a divorce? That's asking for trouble. His soon-to-be-ex may be psychotic but it's very rare that only one person is responsible for a marriage going south. You're not starting this relationship off on the right foot. I know; it's none of my business, but don't say that no one tried to warn you...

Answer 3

In my state, the divorce decree would be one place the husband can request an order from the court to make contact for ONLY the purpose of arranging child visitation.

You or he can file a complaint with the police and obtain an arrest warrant for "Harassing Communication."

One thing to remember, however, is the ink isn't even dry on paper and you two are involved. I would think that the soon to be ex-wife is bitter and most likely has some reason to be.

Ignore the calls and advise your attorney of the harassment!

Answer 4

1. If she is as psychotic as you say, you can only get a restraining order if the judge feels there is a threat. I would try.
2. Get a new cell #. Tell you boyfriend to only give it to the children.
3. Does he pay child support. If he does tell him to never pay her in cash. She can say he never payed. The courts rarely believe the father. Also in the memo potion of his check have him write child support and the month.
4. If he wants to See his kids, he should take her to court for visitations, and ask that the children be dropped off with a neutral third party for him to pick them up. He will have to get this court ordered though, if he doesn't she probably won't show up with them. If it is court ordered she will go to jail for violating the court order.

Answer 5

What you need is an Attorney to take care of this. There are a few things you can do. Change the phone numbers, and notify the telephone company of the problem. File and get a restraining order. The child visitation problem will need an attorney and adjudication in court.

Answer 6

It sounds like you are doing all the work. You cannot set up a restraining order for him. He has to do it himself. And, unless she has custody over the kids, she cannot deny visitation, that has to be issued by the court. Go to court, tell them the situation and see what they can do.

Answer 7

She needs to get a restraining order. You need to record those calls she makes, and get her into court. Couple those calls with the denial of visitation and your man will be sitting well. Do you have other improper activity to share with the judge on her? Document it now!

Answer 8

ALL YOU CAN DO LEGALLY IS GO TO COURT AND FILE FOR AN ORDER OF PROTECTION. HAVE YOUR BOYFRIEND GO TO COURT AND ESTABLISH VISITATION. SHE WILL NOT STOP. YOU HAVE TO MAKE HER STOP. MAKE SURE IT IS ALL LEGAL THAT WAY YOU HAVE THE FORCE OF THE LAW ON YOUR SIDE. START TO DOCUMENT ALL THE CALL AND HARASSMENT. IT WILL BE NECESSARY TO ESTABLISH A PATTERN IN COURT. WHO KNOWS SHE MIGHT EVEN BE CONSIDERED UNSTABLE. THEY MAY TAKE THE KIDS FROM HER AND GIVE THEM TO THE FATHER.

Answer 9

You need to get access to your legal rights. Try the site below, watch the online movie presentation. This is very affordable and effective. It covers the entire family and can be used nationwide. Hope this helps.

Answer 10

It sounds like you really need to talk to a lawyer.Maybe his lawyer. Maybe get a 2nd opinion. I'm not sure I would take too much advice from anyone that was not an expert.

You can find some in your area at:
http://www.findlaw.com
http://www.targetlaw.com
http://www.lawyers.com