Legal Question in Family Law in Ohio
The other woman
My boyfriend is in the middle of a very nasty divorce, with a crazy woman. She's done everything from call child services on me to throwing drugs in my driveway for my 11 year old daughter to find.
Today, I received a subpoena from her attorney stating that I must produce any and all documents pertaining to my receipt of monies, benefits of any type and public assistance of any type for this year.
Question 1: What does my financial situation have to do with his divorce?
Question 2: Can I sue her for harrasment or Something?
3 Answers from Attorneys
Re: The other woman
The only conceivable reason that her attorney would want financial information from you is for purposes of determining child support. There is a line in the worksheet that asks for financial contributions from other household members. I gather from your question that you and he are living together, and might be considered a household. Unfortunately, it appears that the info that is sought is relevant to the divorce, so there's not much that can be done, although some sort of restraining order against her coming on your property might be appropriate.
Re: The other woman
Robert W. Cettel
Attorney & Counsel at Law
The Drees Center Suite 175
7265 Kenwood road
Cincinnati, Ohio 45236-4411
Facsimile (513) 731-7245 e-mail [email protected] Telephone (513) 731-3188
The information the attorney seeks is probably discoverable, particularly if you live with your boyfriend or share common assets such as bank accounts or a business. With regard to the harassment, I would contact the local prosecutor's office + determine if the harrassment violated a temporary restraining order in the boyfriend's divorce case. You may have a viable civil lawsuit.
Based upon the limited facts in your e-mail, I have the following opinion.
My opinion does not create an attorney-client relationship or any other relationship which creates a duty by me to you. My opinion is based upon the limited facts you have presented. Additional facts might affect my opinion. I have not made any investigation of and do not express an opinion as facts and issues not presented. I express no opinion with respect to the effect of any law other than the law of the State of Ohio and the federal law of the United States. I disclaim any undertaking to advise you of changes, which thereafter may be brought to my attention after the date of this letter.
My opinion is also subject to the inherent uncertainties associated with all litigation, including the unpredictability of any litigation outcome and the very present possibility of changes in the Courts, the law and evidence.
My opinion is an assessment ... it is not a guarantee.
Thank you in advance for your cooperation.
Very truly yours,
Robert W. Cettel
Attorney at Law
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Re: The other woman
The discovery process in Ohio is very liberal. The attorney for the opposing party generally has the right to investigate your financial situation. Many times in divorce cases or child support cases parties believe that money is being hidden.
With regard to filing a lawsuit, your best bet is to contact the police or prosecutor regarding the harassment.
Thank you for letting me help.