What is out recourse if my husband’s ex-wife harasses us at sporting events and is in violation of a court order for the 2nd time?
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What is out recourse if my husband’s ex-wife harasses us at sporting events and is in violation of a court order for the 2nd time?
My husband’s ex-wife accosted us at childs sporting event and was escorted away by police and given 90 day no trespass on campus. This is a violation of a court order in divorce stating neither party shall annoy, harass or intimidate the other. She’s violated this multiple times and motion to compel has been filed once again the judge says he can only enforce the order and tells her to stop and shes required to pay all legal fees but nothing more. She has violated this a second time in 4 months and continues to behave the same way. Also, she filed a false report with the state claiming that my husband didn’t pay support. He notified his attorney. How can this woman be held accountable so she stops this behavior? We have videotape of her behavior and all documents proving support has been paid.
Asked on June 21, 2019 under Family Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The judge *could* impose more significant fines on her for her violations of the order, but he can't be forced to, since the enforcement of court orders and penalties for violating them is within the judge's discretion--i.e. he gets to choose what to do. And even if he did impose more fines, if she is willing to pay them--as she is evidently willing to pay the legal fees the judge is imposing--they will not deter her any.
File police reports and look to press charges; also seek a restraining or protective order, violation of which could potentially be enforced with jail time. You need to seek to make this a criminal matter, since the civil law is not adequately protecting you.
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