My fiance and I have lived together for about 7 months. His ex never took thier divorce easy and has done whatever she could to cause problems. She knows she cant do anything more to him but hired a private investigator to spy on us in our home at night. She claims that we are breaking the law becasue we are not married and it is a immoral situation for her 16 year old son. The court threw our her claim but Can I sure her for invasion of privacy? the law states that a person should be assured of privacy in thier own home.
2007-03-15 02:18:32 · 16 answers · asked by baseballlover 3 in Family & Relationships ➔ Marriage & Divorce
fyi we only have his son every other weekend I know it sounds petty but she tried to have my fiance sent to jail
2007-03-15 02:30:43 · update #1
A lot hinges on custody of the son. It sounds like he lives with you and his dad. His mother should be allowed to see him on scheduled visits if he wants to see her.
At least file a complaint so that if she breaks windows or camps on the doorstep (crazy or destructive) you will have a history of her shenanigans. It's hard to say if you can get a restraining order because you didn't say whether or not she sees the son. But protect yourself in every way and let her know you mean business. It would help if you two were married.
I would go ahead and have a good lawyer lined up but remember they cost real money. Sorry she is messing things up for you. The best thing that could happen would be for her to find another man!! (That sometimes fixes the situation.) If you think you need a lawyer, then you probably do!
2007-03-15 02:28:44 · answer #1 · answered by Dovey 7 · 0⤊ 0⤋
If the divorce decree's parenting Plan states that they will be no "concubine" overnight visits druring chilld visitation then the ex-w has all the right to do this because is contempt of a Court Order.
If the judge threw it out (if it was NOT specified in the Parenting plan or not sufficiennt evidence) then leave it at that.
If it's specified in the Parenting Plan that your bf cannot have concubine's overnight stays during visitation, is best that you stay elsewhere while the child is a his home, or else, if it's found that you sleep there, your bf could loose visitation rights.
P.I.'s know what they can do legally. So don;t waste your time with more bitter lawsuits. The child is almost 18 and you are always married (you said fiance, right?) so after that, the concubine addition to the Parent Plan will no longer apply to youa s a married couple.
Good luck
2007-03-15 03:20:25 · answer #2 · answered by Blunt 7 · 1⤊ 0⤋
While it is not good for his 16 year old son to see his father in a living situation with you, especially after his parents went through a bad divorce, I know me telling you this will not change things. So back to your question. I believe everyone has the right to hire a private investigator and therefore you would not have any legal grounds in which to sue her. Just a little advice here, why not try to be the better person and stop the fighting? There is a 16 year old guy here who is not having fun watching his mom and his dad's financee fighting. His welfare should be first and foremost the priority here. I can understand how difficult it may be for you to deal with his vindictive ex wife. But maybe if you knew the details of their break up you would have more compassion to how she feels to have gone through a divorce. She probably is still struggling with the pain of the divorce and then to have to watch her ex husband move on with someone else makes matters worst for her. As no one should accept being harrassed and spied upon, I also feel a little understanding may soften your heart and as I said, to be the better person. This at least would benefit the relationship with your guy and with his son also. Best of luck to you!
2007-03-15 03:22:44 · answer #3 · answered by pictureshygirl 7 · 1⤊ 0⤋
Well, she's right about one thing. You guys are a poor example for the 16 year old son. If the matter is over why provoke continued contact with her. Is it really worth the money? You can bet the PI knows the law and is skating on the line. Think about what's best for his son.
2007-03-15 02:36:21 · answer #4 · answered by JB 6 · 1⤊ 0⤋
You can sue whoever you want for any reason but that won't mean you will win.
If you know the PI is there confront them, tell them to stay off your property or you will call the police. If he/she returns, you spot them, call the police. The crime is criminal trespass and could even be stalking. Frankly, I'm surprised the ex could find anyone to do this for her as it is pointless.
If you don't deal with it seriously and just want to complain, then complain away if it makes your life so much more important to you.
2007-03-15 02:29:35 · answer #5 · answered by Stefka 5 · 1⤊ 0⤋
If you can prove that she hired a private investigator, you can sue her and you will definitely win, guaranteed.
Hiring a private investigator to spy on you is against the law, and the private investigator should have known better also.
2007-03-15 03:29:51 · answer #6 · answered by A dad & a teacher 5 · 1⤊ 0⤋
You need a lawyer. If you have money to sue someone you should be able to afford legal advice as to what you can and cannot do. What do you hope to gain? I would assume that your State licenses and monitors private investigators and that a reputable PI would not do something illegal and risk his license.
2007-03-15 02:28:10 · answer #7 · answered by curious74432 3 · 1⤊ 0⤋
I am in a similar situation w/ my fiance. At least you are lucky in the fact that she is allowing the son to come visit you. My fiance's child is only 8 so the mother still controls how he is allowed to see her. I wouldn't stoop to her level and take it to court....I'd kill her with kindness.
2007-03-15 03:23:27 · answer #8 · answered by mvngs 4 · 1⤊ 0⤋
The only way you could have a successful lawsuit is if you have proof that the PI did something illegal. It never hurts to consult with a lawyer to see what your options are but I don't think either of you will get very far with it.
2007-03-15 02:24:25 · answer #9 · answered by kauai_lvr 2 · 1⤊ 0⤋
yea you can sue her but why not take it a step further since she is and invade her little bubble for a change? she's just angry b/c you have him and she doesn't. but try not to make it too much harder for your mans son. he's having a hard time too dealing with all this. you could also get a restraining order on her b/c tech. she's stalking you and your husband.
2007-03-15 02:40:24 · answer #10 · answered by Anonymous · 1⤊ 0⤋