Legal Question in Family Law in California

Harrassment

My husband and I are divorcing based on irreconciable differences(he drinks and does drugs), Our divorce is being filed in California and I live in NY. He continues to verbally harrass me while under the influence and file false reports to Child protective Services that I use drugs. It is in NY against the law to make false reports, if my husband is the one that made this report, what can I do to make him stop? His harrassment and lack of paying child support is causing me much undo stress.


Asked on 1/28/04, 6:34 pm

2 Answers from Attorneys

Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Harrassment

Bringing a lawsuit against him for malicious prosecution may put an end to his wrongdoing. Of course, you must first defeat the child abuse charges.

PREPARE YOUR EVIDENCE FIRST BEFORE CONFRONTING YOUR SPOUSE ON ANY ISSUE. It will be necessary for you to learn how to collect important evidence to protect yourself - and you should act quickly for that evidence to be effective.

Our firm specializes in your type of case (please see our Web site). We are a litigation law firm often called upon to stop people from engaging in inappropriate conduct, but you must realize that seventy-five percent of your success depends upon preparation.

If you believe that we can help you, you can call our office to arrange for an appointment at (212) 267-7000.

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Answered on 1/28/04, 7:23 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Harrassment

California penal code prohibits making harrassing telephone calls. It is only a misdemeanor, but could be sufficient to stop him. You could also obtain a restraining order against him. This could be done through the California court where the divorce was filed. Next time he calls and starts harrassing you, tell him that you are recording the conversation. Make sure that the statement is on the tape recording. This will provide evidence of his harrassment. Be sure that you do not say anything to provoke him.

If you can afford it hire a California lawyer to pursue the restraining order.

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Answered on 1/28/04, 11:08 pm


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