Lawsuits


#1

I am also interested in this question. As I have an ex who does not pay child support and I have had to file motion to show cause and for child support modification among other things.

He tries to threaten me all the time with malicious prosecution, telling me its a felony and he can send me to jail.

Is this the case if he is indeed behind on child support and I have hard proof. Btw, we have never been to court when the judge has not ruled in my favor.


#2

The summons are probably in connection with the Show Cause. A Show Cause means she has violated the original custody order. It sounds like the 2 summons might be presented in connection with the Show Cause. I don’t see how it can be construed as harassment if they are legitimate summons/motions.


#3

Are these legitimate claims being pursued against her?

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

The Motion to show cause is in direct retaliation to my daughter having reported some disturbing issues to the DSS regarding my granddaughter being taught to play a game called beer pong, being in his home when he’s had drunken parties. He is saying in this motion he wants my daughter drug tested, she just was for DSS by the way, as was he we are presuming. Her test was negative, we haven’t a clue of his results. He is also saying she has sent too many emails, and that she has called him too much. The Summons for Domestic Violence he said he was in fear of imminent danger to his life because my daughter told the 7 year old she was going to “kill” him (NOT) and the Criminal charge is for harrassing phone calls. She is supposed to contact him in accordance with custody agreement about my granddaughter, and apparently up to 3 emails per day is acceptable. He did appear in court on the Summons for Domestic Violence and the judge told him that what the 7 yr old said was not acceptable, that 3 emails were okay, told her not to call him at all and then it was continued because he had a tape which her lawyer wanted to listen to before it went to the judge. Up until August, they were the best of friends, sharing vacations, visits, she cleaned his house, I took care of his home and dogs when he was away, I had a house key, he even bought a house and moved closer to us all. He had dinner with us two and three times a week. His mother told me that the custody battle we went through 3 years ago was t he glue that held his marriage together which is now ended in divorce. A few months ago he got a new girlfirend and we have all become the enemy, and his poor judgment regarding the beer games and drunken parties prompted my daughter to contact DSS and he is very angry. So I feel that at some point these summonses and motions are becoming harassment in themselves.

lb


#5

Generally they will only be considered harrassment if the underlying facts are false, or if the litigation is being used to harrass her. YOu should bring this issue up in front of the judge when she goes for a hearing on this issue.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

Hi, Please help. When do lawsuits become harassment. My daughter has been served with a Motion to Show Cause in a custody issue, then she was served with a Civil Summons of Domestic Violence, and then she was served with a Criminal Summons for Phone Harassment? All of these were received within a less than 2 week time period. Thanks. Gramma

lb