Legal Question in Criminal Law in California

People Using The Court System To Harass

I've recently heard of a man whose former wife is using the court system as a means of harassment.

Recently, the mans former wife hauled him into court over a $10 payment she says he wasn't entitled to keep. In addition, the woman has continually called him over the phone leaving harassing phone calls, such as calling him a thief, etc. As if that wasn't enough, she even said on one of the calls that was recorded, that she's been shredding his credit card statements (which I believe, is a federal crime). The woman also tried to get a restraining order against her husband, but the judge wouldn't grant it as he felt her request had no merit.

The husband told the judge that she is constantly dragging him into court and is using the court system for no other purpose than to harass him. The man's new wife stated she's filed for divorce as she can't take it any longer and is afraid her husband's former wife will escalate her hatred to a higher level.

Isn't there any kind of penalty, such as jail time, for people who continually harass people with frivolous lawsuits? And by the way, the judge dismissed her $10 lawsuit.


Asked on 8/26/04, 7:46 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: People Using The Court System To Harass

Once upon a time on the original Star Trek series there was an alien creature that fed on anger, and as soon as the Federation and the Klingons figured this out they vanquished the creature by refusing to fight anymore.

The court system is such a creature. The court system would be out of business without Accusers. Ex-wives make great Accusers. There is a database of accused and convicted criminals and their alleged offenses, but there is no database of Accusers and whether or not their accusations were found to be truthful or untruthful. Usually ex-wives who seek to use the court system to harass and punish their ex-husbands totally get away with it, time and time again.

The only explanation for the anomalous result in your case is that she sued for only $10 and even a California judge found that to be excessively petty. You might look up the vexatious litigant statute (Cal. Code of Civil Procedure Sec. 391) at www.leginfo.ca.gov and hire a lawyer to file a motion to have her declared a vexatious litigant if she qualifies and if she sues again. But I would not be too optimistic.

Sorry to hear about your problem and about the state of your current marriage.

By the way, don't tape record phone calls, the only legal or admissible recordings are recordings she might leave on your voice mail or answering machine tape.

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Answered on 8/26/04, 3:45 pm


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