How to get a restraining order for harassment when there is a custody agreement with ex-spouse?
(asked 137 months, 16 days ago in , NY)
I have custodial custody of my ten year old, in a joint custody agreement. The other party is as inactive as they get in the childs life but persistantly is harrassing us with phone calls (txt messeges) all hours of the night. He calls my boyfriends ( who is my domestic partner) phone constantly drunk and looking to bate us in a back and forth fight. We do not respond. We have blocked numbers, he changes phones, we have paid for land lines and then he stops. This has gone on for two years. Up to 20 phone txt a night. We tried to get the records for the calls and the phone company says they have to protect their customer. It has been escalating and I know how unstable this person is. What can I do and what are my options to keep my son from having to be alone in his visitation with him? I am getting scared.
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Mineola NY 11501 Long Island Divorce Attorney (516) 248-3520
LaRusso & Conway
Long Island Divorce Attorney
This sounds like an unfortunate situation to be in for both you, your partner and your child. While you and your ex-spouse may have joint custody, as agreed on by the court, if you feel as though the safety of your family is at risk then taking legal action may be the best option for you. By calling an experienced family law attorney, they can walk you through not only the process to filing a restraining order on your ex, but also to pursue legal measures to gain full custody. The court, no matter what state you are living in, views the safety and the wellbeing of the child above all else, and if your ex is consistently drunk calling and harassing you, that is not a sign of a healthy environment for your child. If you are scared, this is a reason why steps should be taken, to protect yourself and your family. Call a local family attorney to discuss your situation and to determine what is going to be the best route for you to take. Know that it is your right to not have to live in fear, call an attorney today.
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