Legal Question in Family Law in Louisiana
telephone harrasment
My daughter was charged with telephone harrasment by her astranged husband on Feb 5,2002. (they were separated at the time of the charge, but not yet divorced). Her children called serveral times to speak to their dad, when he did not answer, knowing he was in from work, my daughter drove to the resident with the children and knocked on the door. Seeing his car and lights on in the house,she knocked and when he did not answer, she continued to knock. In a matter of minutes, the police were there, and cited her with phone harrasment. She is to appear before a judge March 5, 2002.
Notes*
1).Their divorce was not final until feb 14th 2002, does that not make the residents still 1/2 hers on Feb 5th?
2).Her ex-husband and herself has not settled any community property, which the home is part of community property.
3).It was the children calling him, not her.
What kind of defense can she claim before the judge?
1 Answer from Attorneys
Re: telephone harrasment
Parts of this question involve criminal law.
Apparently the divorce was already filed if it was final 9 days later. Did he have a restraining order against her? If so she violated the order when she came over.
Depending on the kids' ages, they might be able to testify that they called. She should discuss this with her lawyer.
Community property issues involve ownership, not access. If he lived there after divorce was filed and she lived elsewhere, then she has no right to go there without his permission. It is similar to a landlord/tenant situation. If she pays rent, the landlord is not entitled to bathe in her apartment, even though he owns the tub. Your daughter co-owns the house, but it's her ex's home.
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