My ex wife and I have been in an ongoing custody battle over our 13 and 11 yr old sons. My 13 yr old has requested numerous times for almost 2 years now to live with me as he doesn't like his new step-dad and just wants t o be here we just went to trial for this both representing ourselves that was on 4/3/12 the judge sent a minute entry that was under advisement. Since then I have got numerous reports from my kids school he's missing assingments and since I am not aloud to see my kids unless it is court ordered and I tell them to do work I can't make sure it's done if I'm not there. So after about 2 weeks of getting these e-mails I sent her an e-mail as that is our only way of contact since we fought so much we both agreed was best so I sent her an e-mail asking what was going on and to take care of the problem then got a response from her and her husband calling me names telling me he handles everything he bonds with the kids unlike there father and then anoter response from her stating she was filing a injunction against harassement and this was going to stop now. Does she have grounds for that if she responds to all e-mails and all e-mails are in reference to the kids?
1 Answer from Attorneys
She would qualify for an Order of Protection because there once was an intimate relationship and she is the mother of your child. So she would just have to show that there was one even that scared her. However if all she has is those emails and they are about the kid then it is doubtful she will succeed. However, Justice Courts grant them a lot of time and you would have to ask for a hearing on the matter then she would have to prove what she stated.