Legal Question in Family Law in New York

Re: harrassment

Rathar than have her arrested, have your Husband go to Fam Ct and get an Order of Protection based on harrassment. It can be a full no contact Order. This is the least complicated way to handle this and if the result is you want her to stop and not that you want to retaliate against her with a criminal record..this is the way to go.

Then, she is on notice, and if it happens again,call police and she will be arrested for violation of the OP.

Re: harrassment

Ok, yes your husband can go to the police for the aggravated harassment. No there is no slander in her comment as defamation of character requires that she repeated the comment to someone other than you and that they relied on it.

The slander against your husband at his place of employ is actionable but someone will have to testify that they believed her and that it affected the way they perceived him or affected a decision they had to make about him. The damages at this point are probably small and not worth the civil case costs.

My best suggestion is to preserve the answering machine tape and have her arrested for Aggravated Harassment. Do not let the Police talk you out of it. If they refuse to help, go to the District Attorney's complaint bureau and file the complaint there.

Slander is not a criminal offense. You can also file a harassment complaint against her, but not for the same call.

You do not need a lawyer, but I would consult one still the same as he might be helpful in getting your complaint to be taken seriously.

Good luck.