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Can I sue my ex spouse for harassment via text message?

Bankruptcy and Debt 5 views 3 answers
Ex husband recently text me about 11 times complaining about numerous things pertaining to myself and our son. My son and I are living in a temporary 2 year transitional housing until i get situated with my life finding a job and finish with school. As far as the texts my ex spouse would send, he would always use curse words and bad mouthing how ill equipped of a parent i am and how our 3 year is still in pull ups and it's bad for his brain/development.complaining bout child support. That's madness! I really need an an end to his texts. I am a full time medical student, a good mother, never went to jail/nor do any drugs..We also have joint legal custody and i have primary residence. I am mostly likely wanting to fix custody anyway. Any great advice would be greatly appreciated at this poin

Attorney Answers

3
Timothy Miranda ·
If the text messaging harassment rises to a level of "abuse," you may seek protection by way of a Domestic Violence Restraining Order. However, this is a harsh measure and should only be invoked if absolutely necessary to safeguard yourself and your son. You may also consider having an attorney remit a cease and desist letter to your ex-husband, as a precursor to a potential restraining order. At a minimum, this will memorialize the conduct that is transpiring, and will likewise serve to put your ex-husband on notice of possible, future actions on your part. Good luck.
0 upvotes
Jeffrey Paul Mach JrDomestic Violence LawyerSan Diego, CACA licensed ·
The first answer is fantastic. I would also add that you should make sure to contact him via text and ask him to stop the abuse and you need to save all the texts he sends you. You might need the texts for proof if his texts become abusive (showing how the texts have become more and more abusive). Good luck.
0 upvotes
Christine Mccall ·
Block his number, change your cell number, don't respond to his texts. A court will want to see that you have taken all reasonable measures to resolve the problem before asking for court action.
0 upvotes

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