QUESTION
Can my ex wife get me on charges of harassment regarding emails I sent her trying to obtain information about my children?
Asked on Apr 18th, 2016 on Family Law - Florida
More details to this question:
I've sent my ex wife 12 emails from March 4th - April 8th. They were specifically about my children to obtain information that she is legally obligated to supply me with. She hasn't responded to a single one and now she says that she sent those messages to the state attorney and is going after me for harassment. However, keep in mind that she's texted me multiple times harassing me and calling me inappropriate names. I've responded to her every time with "Please email me any concerns. Communication will be conducted through email." I've told her I don't want phone or text communication with her because she doesn't know how to maintain a proper and civil conversation. She has ignored my request and continues to constantly text me. Can she really get me on harassment charges? Can I get her on harassment charges?
1 ANSWER
I am not a criminal defense attorney but I am pretty sure there is no such crime in FL as "harassment." What you are describing is cyber stalking, see link below to the FL Statute.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.048.html
From the limited facts you provided I do not think this qualifies as cyber stalking, as you were communicating to her regarding the child.
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Apr 20th, 2016 at 2:39 PM