Legal Question in Family Law in Georgia
To get a restraining order or not to get a restraining order...
We just got an adendum to my husband's divorce decree from his previous marriage. We have to pay a bit more money, but we get to see the kids regularly. My husband just got a raise after the mediation that she found out about. She has written his Command(he is military), the SECNAV, the Cheif of Naval Ops and many many many others, claiming he was abusive(he was not), he is homosexual(he is not) and other things. She has called his Command, both current and previous. We are in VA and she is in GA. She has emailed us and demanded more money since he got the raise(he was promoted, but doesnt get paid for it for another year).
What can we do? Can we press charges for slander? Get a restraining order? Anything to make her stop the harrassment!!!
1 Answer from Attorneys
Re: To get a restraining order or not to get a restraining order...
You definitely have an actionable libel/slander here, unless they are prepared to show these allegations are true. But, there seems to be an implication that they will keep making these threats unless you pay more money. This could be attempted theft by extortion under Georgia law, anyway, if they are calling you in Georgia. You should write them a letter and tell them if they don't stop extorting you, you will have to consider filing criminal charges. I'm a Georgia lawyer, so see if you can get a Virginia lawyer here to say that this would not be a problem under Virginia law. I doubt it is. The problem is probably that she can only get jurisdiction over him in Georgia for support payments. Georgia doesn't like to re-visit these issues more than once every two years unless there is some very significant change in circumstances of the child.
As to the military aspects, I would suggest copying these officers with a cc of your letter to the mother. State flatly in there that these charges are false, and that it appears it is part of a scheme to extort money. That should defuse the military situation surrounding him.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
