Should I send a cease and desist to my husband’s mistress or shouldI get a restraining order?

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Should I send a cease and desist to my husband’s mistress or shouldI get a restraining order?

My husband had an extra martial affair. He has told the female to stop talking to him. She tried to contact him via facebook using another name. I wrote her a cease and desist warning and stated she will be contacted by my lawyer if she does any of the following: talk, text, contact him through facebook or yahoo by herself or family member and do email. Of course she responded back and then had her sister and friend write me on facebook. As a spouse, don’t I have rights against a mistress? Should I get a certified cease and desist letter or should I file a restraining order?

Asked on April 12, 2011 under Personal Injury, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What a messy situation for you.  And that you have to deal with it on a regular basis while trying to put it all behind you.  Restraining orders are not as ease to obtain as one may think. The criteria differs slightly from state to state and I think that it may be best for you to at least speak with your attorney about helping you to gather the evidence that is necessary to present to the court to obtain one or to speak with the DA's office about the continued harassment by this woman of you and your family.  Something needs to be done that is for sure.  Good luck to you.


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