Legal Question in Civil Rights Law in Indiana
Rights of harassed victim
In a divorce case, the judge did not allow evidence of one spouse harrassing the other spouse through letters received, telephone calls and constantly driving by house to be submitted into evidence.
Can the spouse who was harrassed by the other spouse file a separate harassment case against the harassing spouse?
There is evidence of harassment and threats made in the letters.
1 Answer from Attorneys
Re: Rights of harassed victim
I believe you will be required to bring such a motion in your divorce proceeding, which is the appropriate place for that issue to be heard. The judge probably did not believe that the restraining order issue was properly before it and, therefore, did not admit any evidence on that issue. In our jurisdiction, it is brought before the court on an Order to Show Cause.
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