Legal Question in Family Law in Virginia
visitation/freedom from restraint and interference
Out of anger, I sent my ex-hsb's girlfriend an email. I made up a name/hotmail acct, and sent an email addressed to her at his home business email acct, which she also has access to. The email was non-threating. It was traced back, and I was caught. He's taking me to ct. for sending a harrassing email; even though, local police couldn't legally do anything. He filed charges, according to our divorce degree on the grounds of, ''freedom from restraint & interference''. I sent this email, b/c I was angry/hurt that he was allowing his girlfriend to tell our 6yr old that she was his mom, and telling him to address her as such. Manipulating my son in this way, caused him to ask ME confusing questions. It was stupid of me to do this, but I was angry and this was the only way I thought to lash out. I was getting no understanding from my ex in the matter. I knew the moment that I did it, I was wrong and that I'd stooped to a very low level. Can I go to jail for this? I've recieved papers stating I committed and offense that punishable by jail sentencing. How could he have motioned the courts for this when local police couldn't do anything. I didn't threaten him or her - I used a couple of vulgar words, but that was it. Pls advise. TKS!
1 Answer from Attorneys
Re: visitation/freedom from restraint and interference
The action which your husband apparently has filed is likely based upon a provision in your property settlement agreement(PSA)which prohibits either party to the divorce from violating this provision having to do with "freedom from restraint and interference." The action itself is most likely what's called a Rule To Show Cause (as to why should not be found in contempt of court) for your allegedly having violated this particular provision.
Although, technically, the charge of criminal contempt is a jailable offense, it's quite rare than a court actually imposes any jail time in the event that a person is actually found guilty of this particular charge. A fine is more likely conditioned on your promise not to repeat the proscribed conduct.
However, based upon your description of matters, if you were to provide the court with an honest account of matters (along with a promise not repeat the behaviour), I suspect that the court might well continue this matter for a period of time and if there is no repetition of this conduct
on your part, the court is very likely to simply dismiss the entire matter with out ever finding you guilty (or liable) for anything.
I would not, if I were you, lose too much sleep
over this. Just show up at the hearing on time,
give a truthful account of matters, and you should be okay.
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