Divorce Harassment Legal Steps

Summary

Hector is dealing with harassment from his wife during their divorce. She is interfering with his business and contacting his tenants. He has a restraining order, but she continues to violate it. Hector should file for contempt of court and consider an emergency protection order. He can report her actions to local police and seek legal advice from a new family law attorney.

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Fresno California
Hi Hector, thank you for providing your location. Could you please provide some more details about your legal issue? For instance, is it related to family law, criminal law, property disputes, etc.?
I am in the process of getting a divorce from my wife of 8 years. I asked for the divorce and she has since began to medel into my job/ business. I am a landlord, I buy houses fix them up and rent them out. She is not and has not ever been included in my business legally nor otherwise. She is calling all my tenants and asking them to lie about me and offering them money if they do so or to reward them with the divorce settlement money she will receive. Is it legal for her to be contacting my tenants or trying to put herself in my self made business/job
Hector, in California, such actions by your wife could be considered harassment or interference with your business. Here are some legal points to consider:
- **Harassment:** Continual and malicious interference with your business could be seen as harassment.
- **Defamation:** If false statements are being made about you, that could be defamation.
- **Interference with Contracts:** Inducing your tenants to breach their lease agreements can be considered tortious interference.
You may want to consider seeking a restraining order or legal injunction.

Fresno County Superior Court


Phone: (*) *-*
Address: * Van Ness Avenue, Fresno, CA *
Website: www.fresnosuperiorcourt.org

Have you considered consulting with a family law attorney who can provide specific advice based on these actions?
I have a restraining order against her which she has violated twice with filed police reports. But she continues to contact every single family I have all my friends and business partners trying to bribe them into gladly accusing me of whatever she can think of that might sway the divorce in her favor
Hector, given that she has violated the restraining order and continues to harass you, you may consider the following legal actions:
- **Contempt of Court:** File a motion for contempt of court for violating the restraining order.
- **Modification of Restraining Order:** Request to extend or modify the restraining order to include no contact with your tenants, friends, and business partners.
~Fresno County Superior Court
Phone: (*) *-*
Address: * Van Ness Avenue, Fresno, CA *
Website: www.fresnosuperiorcourt.org

Have you spoken to your attorney about these ongoing violations?
Yes I have but he keeps on pushing it off and telling me it's nothing to worry about. He is not doing his job in my opinion and I am looking for another lawyer who can help me
Hector, it sounds like your current lawyer isn't meeting your needs. Here are some steps you can take:
- **Consult Another Attorney:** Look for a family law attorney with experience in handling harassment and restraining order violations.
- **California State Bar:** You can search for a new attorney through the California State Bar’s website.
Would you like help finding recommendations for family law attorneys in Fresno?
Yes please
Here are some resources to help you find a family law attorney in Fresno:
- **California State Bar**: Visit [www.calbar.ca.gov](https://www.calbar.ca.gov) to search for licensed attorneys in your area.
- **Fresno County Bar Association**: They offer a lawyer referral service. Visit [www.fresnocountybar.org](https://www.fresnocountybar.org) or call (*) *-*.
Would you like more information on how to file a motion for contempt of court or extend the restraining order?
Yes please
Certainly, Hector. Here are some steps on how to file a motion for contempt of court and extend the restraining order:
Filing a Motion for Contempt of Court:
*. **Obtain the Forms:** Visit the Fresno County Superior Court or their website to get the necessary forms.
*. **Complete the Forms:** Provide details of the restraining order violations with supporting evidence.
*. **File the Forms:** Submit the completed forms to the court clerk.
*. **Serve the Papers:** Have the papers served to your wife.
*. **Attend the Hearing:** Be present at the scheduled court hearing.
Extending the Restraining Order:
*. **File a Request:** Obtain and fill out the request forms for modifying the restraining order.
*. **Detail the Need for Extension:** Clearly explain why you need the restraining order extended, including the violations.
*. **File and Serve:** File the forms with the court and serve them to your wife.
*. **Court Hearing:** Attend the court hearing to present your case.
For more detailed guidance, you can contact the Fresno County Superior Court:
~Fresno County Superior Court
Phone: (*) *-*
Address: * Van Ness Avenue, Fresno
Will any of what she is doing to me and my future by doing these illegal acts cause her to not get anything in our divorce
Hector, her actions could negatively influence the divorce settlement. California is a community property state, but the court considers misconduct when dividing assets. Document her behavior meticulously and present it in court. Have you started gathering evidence of her actions?
I have every single piece of evidence the courts could ever want. I have documented and recorded every single move she has made against me or my person but she continues to come up with new lies or ways to hurt me. She last week reported my brother and his wife to immigration services and reported my brother's wife for selling food to make a living out of her home. Also a few of my tenants are not American citizens and she called immigration services on them and had them deported. She did all of this only because they are my family and tenants so she wants everyone i am associated with to hate me because of what she is causing
Hector, it sounds like you have extensive documentation of her behavior, which can be crucial in your case. Here are some steps you might consider:
- **File for Contempt of Court**: Given her repeated violations, continue to document and report each instance to the court.
- **Report Harassment**: Her actions against your family and tenants could be considered harassment.
- **Consult Immigration Attorneys**: For your brother and tenants, consider seeking legal advice from immigration attorneys.
Have you filed any recent reports regarding her new actions?
Who do I report this to
Hector, you can report her actions to several authorities:
- **Local Police Department**: For immediate threats or harassment.
- **Fresno County Superior Court**: For violations of the restraining order.
- **Immigration Attorneys**: To assist your brother and tenants affected by her actions.
Would you like more information on how to proceed with any of these reports?
I want her to stop all of this. She is starting to make me fear for my safety and for my life
Hector, your safety is paramount. Here are immediate steps you can take:
- **Emergency Protection Order**: Request an emergency protection order from the court.
- **Local Police**: Report your immediate safety concerns to the local police.
- **Restraining Order Modification**: Request an urgent modification to your restraining order.
Would you like guidance on how to request an emergency protection order?
Yes please
Certainly, Hector. Here are the steps to request an emergency protection order:
*. **Visit the Court**: Go to the Fresno County Superior Court or their website to obtain the necessary forms for an emergency protection order.
*. **Complete the Forms**: Fill out the forms, detailing your immediate safety concerns and any supporting evidence.
*. **File the Forms**: Submit the completed forms to the court clerk as soon as possible.
*. **Attend the Hearing**: Be prepared to attend an urgent court hearing where you can present your case.
~Fresno County Superior Court
Phone: (*) *-*
Address: * Van Ness Avenue, Fresno, CA *
Website: www.fresnosuperiorcourt.org

Would you like further assistance with any other aspect of your case?
Thank you that is all for right now. I appreciate your help. Good night
You're welcome, Hector. If you have any more questions in the future, feel free to reach out. Good night and take care.
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