Legal Question in Family Law in Maryland
My ex husband is posting vile and negative accusations about me I'm taking him back to court to ask for supervised no overnight stays with our son because I found out through his family members that he is now on heroin. He made a disgusting accusation on facebook saying that he caught me giving oral sex to my oldest son and that I pop pills and do cocaine which are not true what can I do legally about this the commissioner says he can't grant me an restraining order because of the relationship which I can't understand and I can't see him for slander because he doesn't have assets or money please help
1 Answer from Attorneys
The reason you aren't eligible for a "stay away" order is because it requires evidence of at least a threat of violence toward you or your children. While a lawsuit for slander might be successful in terms of a court verdict, apparently you've been advised that a money judgment against your ex would be very difficult to recover because of his lack of assets. Of course, if he draws a paycheck, you could attach part of that to satisfy a money judgment. But attorneys aren't going to be interested in representing you if they want to be paid for their efforts. When you go to court on the visitation modification petition, ask the judge to impose as a condition of visitation that he cease from the conduct you described. You can point out that this conduct is harmful to the children and to your relationship with them.