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My boyfriends Ex-wife asked for a hearing

Mschmid02's picture

My boyfriends ex -wife asked for a hearing on the injunction against harassment I have on her. I do have proof that she trespassed and that she ignored my request to stay in her vehicle when asked. Do you think she has a good chance of getting it removed? I'm pregnant and take pills for depression. I also have a 5 month old son. 

Rags's picture

You never know what the outcome will be in court.  Make sure your lawyer has BM burried in every possible motion for her harrassment and manipulation.  She may win this round, but these toxic manipulative people do not know how to stay out of their own way and will screw up again.  

Be ready to nail her manipulative ass to the wall for her crap any time she bares it.

Mschmid02's picture

I plan on recording everything. So far we have exterior cameras and I want interior cameras too. I want to put a camera in my car just in case I run into her crazy ass. 

ESMOD's picture

Unfortunately, I don't know that you can claim harassment for her getting out of her car... you can't control her like that.  Perhaps the court could order some specific actions by her and her EX (your SO).. but if she violated those.. it's contempt.

Trespassing.. did she come up your sidewalk to pick up or deliver a child?  unless you have a no trespassing and have served notice.. that seems thin ice.

If you have evidence of her coming in your home without permission (and kids could let her in.. which is permission).. or if you have evidence of abusive behavior or language towards you.. then you may have some leg to stand on... but generally if you don't have very good proof.. (and a picture of her on your sidewalk isn't enough).. I don't see the courts doing much without real evidence of wrongdoing.. otherwise it looks like you and your SO are just harassing her.

Mschmid02's picture

I have video and evidence that I requested for her to stay off our property and she didn't. She also came to my house to pick up her son when it was requested that she pick him up at a grocery store location instead. I'm speaking to a lawyer about this.

ESMOD's picture

If you have given her notice that you can prove that you have told her she cannot come onto your property and she does that.. you may be able to have a leg to stand on.. but if she just comes to your house.. perhaps gets out and is on the street waiting for her child? that may not be raised to the same level as if she got out of her car.. came up to your home and came even came inside without permission.

And.. remember... the kids could possibly be letting her in (not sure the ages).

Of course, you also run the risk that the person hearing your complaints is going to take the view that you and your SO are just making things difficult for her. 

You may also need to prove you have a legit reason for requiring her to stay away from your property.. documented threats.. proof of stealing.. etc.. if you don't have those.. the motivation for getting them to justify a protection order.. is kind of difficult.

 

justmakingthebest's picture

You are going to need proof. Does she call or text or social media harrass you? Has she done anything destructive to your property? Has she come up to you and screamed and yelled and carried on like a crazy person?

 

ndc's picture

I don't think there's enough background here.  Do you have an ex parte order and the hearing is for a permanent order?  What has she done (other than get out of her car, step on your property and pick up her son at your house instead of the grocery store)?  What's the reason for requesting exchanges at a grocery store?  Was she misbehaving or being crazy outside your house?  What exactly is she doing to harass you? It's much easier to get an ex parte order or a temporary injunction than to get a permanent one.

Mschmid02's picture

I got a permanent order. She came to my home that I owned with my late husband to pick up her child without meeting at another location. She was told not to come to my house. She was told I'm e-mail not to step foot in our propert which she did and she recorded the video.