Legal Question in Civil Rights Law in Maryland

How Do I Protect My Family from Harassment?

I had a relationship with a woman while estranged from my spouse. That relationship was over two months ago and I have reconciled with my spouse. The woman has since contacted my spouse over the internet. She has admitted to having driven to my children's home. She has indicated that she has considered driving to my daughter's place of employment ''to see her''. I am fearful that she will continue harass my family and attempt to lull me into an altercation. Two of her sisters have threatened me and one has done so on email. I sent an angry email to the woman with whom I had the relationship and she has responded by filing a harassment complaint with the local police. The woman has called me at work and threatened to obtain a restraining order against me even though I have no intention of ever contacting her. She has also threatened to attempt to adversely impact my professional career. How do I respond? Can I file a harassment complaint and obtain a restraining order against her? I do not want her anywhere near my family. She has proven to be an unstable person with an apparently weak grip on reality.


Asked on 1/08/04, 8:49 am

1 Answer from Attorneys

Re: How Do I Protect My Family from Harassment?

You can certainly attempt to get a restraining order (RO). You could even sue her if the harassment has been severe enough and it is worth going to court - if it has, you can file a complaint with the police as well. But don't waste their time unless the matter truly is serious.

You would need an attorney to represent you in court on the RO and argue that the woman poses a risk to you and/or your family and must be ordered to stay away. To prove this, you would present your own testimony (and maybe your wife's)as to what has happened so far, as well as the emails and any other proof you have. You might try to get an RO against both the woman and the sisters.

You can call the Florida Bar Association for a referral to a criminal law lawyer who handles such matters.

In any case, do not ever send any correspondence or otherwise take any actions against the woman or her sisters that could be interpreted as threatening. You do not want to be the one sued, nor do you want the courts to view you as the villain.

If it is at all possible, you might want to try to reason with the woman, perhaps through a well-crafted letter explaining that you regret any animosity between you but the relationship is over and you both must go your separate ways. Let her know that neither she nor her sisters may contact you or your family and that you will take appropriate legal action if need be to protect your family. Be diplomatic and stay on the high road, but be firm. (And keep copies of all correspondence, emails, and everything else.)

Importantly, discuss the matter with your wife. You should both decide how to handle this, and she should know everything that is going on.

If the woman is truly unbalanced, then nothing might help. It may even be best to continually ignore her and her sisters until they finally go away. Only you can decide how best to handle the matter, given your knowledge of the people involved.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 1/08/04, 9:30 am


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