Legal Question in Civil Litigation in Ohio

Can he prosecute for malice?

I am currently almost 30 weeks pregnant. The father walked out when I was 26 weeks. He still hasn't told his mother that I am pregnant, and has taken to completely ignoring me. (I have been trying to contact him so we can get things settled with an attorney in a civil manner, but he doesn't respond.)

I had told him I was going to tell him mom, in a letter, that I was pregnant, that she was going to have a grandchild. Part of me thinks she deserves to know, whether her son wants to take responsibility, and whether she decides to be part of the life of the child or not.

He said that he spoke to a friend of the family, who is a cop in his county. He said that this cop told him that since I know that ''family problems'' would arise from me telling her, and she would ''disown'' him and not pay him money back she owes him, that sending her any sort of letter telling her this would be malice, and that he could ''prosecute'' me. (I have no idea what the prosecuting would entail.)

I haven't contacted an attorney yet, as I don't know if this is a scare tactic, or what? Could he in fact prosecute for malice for me telling his mother he is having a child?


Asked on 4/08/06, 12:01 pm

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Can he prosecute for malice?

Dear Expectant Mother,

It is truly unfortunate and reprehensible that this man fails and refuses to accept responsibility.

TRUTH IS ALWAYS A DEFENSE. In my opinion, without knowing more details, he has no lawful basis for any threat of malice, or any other action.

You may still wish to consult an attorney. If you cannot afford to retain one, contact your local County Bar Association for a referral or seek asistance through Legal Aid in your community.

Good luck and here's praying for your well-being and for a healthy baby!

Sincerely, J. Norman Stark

Good luck.

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Answered on 4/08/06, 12:22 pm


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