QUESTION
How do you get someone to stop bullying via the legal system?
Asked on May 22nd, 2015 on Legal Malpractice - Ohio
More details to this question:
My daughter is in a custody dispute with her daughter's father. He files contempt charges on her constantly, even though they are frivolous and never come to anything because she is not truly in contempt, he uses it to intimidate, and bully her. She is trying to go to court to fight the shared parenting, because he has done nothing but use his parental rights to stalk her, but every time he files a contempt on her, her attorney says they have to settle that first, she is being drained financially and emotionally. He calls her at work, plays mind games with her. For instance, he didn't pick his daughter up at daycare and just left her there, the daycare called my daughter because they were closing. She was 45 min away at her other child's softball practice. He threatens her constantly with contempt on the shared parenting agreement, tries to bring the police into everything although nothing ever comes of it, it is intimidating. What do you do?
1 ANSWER
Your daughter likely needs a new attorney.
If the father is filing baseless motions, then she should counter-claim for sanctions under Ohio's frivolous litigation statute and Civil Rule 11. If if the father dismisses the motion, she should still proceed for sanctions.
Your daughter needs to take a more agressive posture and start attacking rather than defending. For example, on the daycare issue, she should file a motion to hold in contempt for violating the sahred parenting agreement -- if the father was required to pick up the child. She may want to consider criminal menacing charges against the father.
She may also want to consider seeking sole custody.
The bottom line is that she needs to take the fight to the father. Usually bullys back down when directly challenged.
She may have to spend some money, but she really has no other option.
Answered on May 28th, 2015 at 9:31 AM
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