Alienation of Affection and Criminal Conversation


#1

I am in a relationship with a man that has been separated since July. His STBX is calling me and writing me letters threatening to sue me for AofA and Criminal Conversation. I have a copy of the Separation Agreement and it was actually signed in Feb. Long after she new about me. In the agreement it states, “Each shall be free from interference, authority and control, direct or indirect, by the other fully as if he or she were single and unmarried.” Am I in the clear or should I hire an attorney? Also can I get a restraining order against her from contacting me or driving by my home? I am starting to become fearful of her. I also have papers from her where she has copied and pasted a notary’s stamp and signature from another paper she had notarized and made her own “notarized” documents. Can I bring charges up against her on that?


#2

The provisions relating to the harassment relate to the parties to the agreement, not third parties (you). The agreement does not protect you.
If she is driving by your home and continually calling you I do recommend that you contact the non-emergency line of the police department and report each occurrence in order to create a paper trail of her behavior.
At this point it is not necessary to hire an attorney, and I would only advise you do so in the event she actually files suit against you.


#3

I understand about the agreement protecting them from harassment between each other, but does the statement “as single and unmarried” protect me from an AA or CC lawsuit?


#4

No it does not. Only a 3rd party waiver can act to protect parties outside of the agreement.


#5

It sounds to me like she is throwing threats at you. HOWEVER, if you are sleeping over at his house (or he at yours) or she can get any evidence of adultry, you better watch out. She can sue you for CC if she has proof you all are sleeping with her STBX. Until the divorce, he is still her husband, and it’s against the law to sleep with him. The separation agreement does NOT protect you against any 3rd party suit.

Also, driving by your house is not illegal. If it is a regular occurance, then a report to the police is warranted, but the police have to catch her driving by suspiciously in order to stop her and question her.

Any fabrications of ‘legal looking’ documents should be ignored. You’ll know if she does anything legal…a sherrif will show up at your house or workplace with papers to present to you. AT THAT TIME, I would get a lawyer.