After a divorce, the parties involved tend to be emotionally bruised. One way that an ex-spouse can haunt you after a divorce is through stalking you. Here are some ways a divorce attorney can help if your ex-spouse is stalking you.
Gather Evidence of Stalking
To qualify as stalking, your lawyer must prove that your ex-spouse's behavior makes you feel harassed, in danger, nervous, or scared. Your ex-spouse is stalking you if they are constantly texting, calling, or emailing you even after you ask them to stop contacting you. Stalking also occurs if your ex keeps running into you in public or driving by your apartment.
Other signs of stalking include using social media to follow up on you or spreading rumors about you on social platforms. Your attorney will gather any relevant evidence of stalking to use against your ex in court.
Getting a Restraining Order
One of the legal remedies your divorce lawyer will seek against an ex who is stalking you is a restraining order. The first step will be to obtain the forms required for a restraining order from the court. Consequently, your lawyer will guide you in filling the forms and describing the harassing or abusive behavior.
The court will give you a date for the hearing, and your lawyer will notify the defendant about the hearing. At the hearing, your attorney will provide the evidence gathered to substantiate the need for a restraining order. The judge will then issue a restraining order.
If the defendant violates any terms of the order, call the police. The police will enforce the terms of the restraining order by asking the defendant to leave. Frequent violations by the defendant will either result in fines or imprisonment depending on the laws in your jurisdiction.
Filing a Domestic Violence Lawsuit
If the defendant fails to obey the terms of a restraining order, your lawyer can further file a domestic violence lawsuit. In this case, your divorce attorney will sue a stalker for inflicting emotional distress, invasion of privacy, or assault.
Additionally, your lawyer can press criminal charges against the stalker. As a result, your ex-spouse may have to serve some time in prison.
Whether your ex is stalking you online or in person, you should take action against them before this behavior harms you. The best way to deal with a stalker is to consult a divorce attorney. Your lawyer will observe your evidence and take you through all the possible legal remedies for your case.
Reach out to a family law firm for more information.Share
30 September 2021
Like many people, I once found learning about law very intimidating. My brother went to law school and I remember glancing through a few of his books and wondering if I was actually reading English due to all of the legal jargon in them! However, when I ended up in a sticky legal situation due to accidentally breaking a small law I didn't know existed, I realized that I needed to learn more about the law, so I could make sure to follow it precisely in the future. My brother helped to break down some complicated legal concepts to me, and I have since been studying up online. I want to post what I have learned and continue to learn about law in the future on my new blog, so my knowledge cannot only help myself, but also help others!