What can I do to stop my mentally ill wife from defaming me?

UPDATED: Oct 2, 2022

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What can I do to stop my mentally ill wife from defaming me?

We have been married for 7 years and have a 2 year old son together that stays with me and my parents. We recently separated in May of this year. She has a mental illness and has been in and out of the hospital since before we got married. Currently, she is in another hospital that allows her to make call and now she has not stopped defaming me. She calls friends, family, relatives etc. Recently she involved the the police, accusing me of all sorts of things. New Link Destination
day 2 detectives came and visited my parents house asking questions because they couldn’t believe all the things she was accusing me of. How can I stop her from continuing to make my life impossible? Would a restraining order help? I don’t know where to start or what to do other than I do not want her to be arrested or sent to jail, I just want her to stop doing what she is currently doing and get the help she needs.

Asked on July 31, 2019 under Personal Injury, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have two different options.  The first is in the family law courts and the second in the probate courts.
With the first option, you can file for divorce or a custody suit for your children.  In either type of case, you can ask to be awarded sole custody of your children.  You can also ask the judge to impose a restraining order which tells her to stop making the absurd statements.   The judge can also order her into counseling.  The limitation on this option is that people with mental health issues rarely understand that "orders" apply to them....and they just keep making the accusations despite the orders.
The second option might actually be a better fit in the long term.  You can apply for full or limited guardianship over your Wife.  This is done within the probate courts (as opposed to the family law courts).  She does what she does because of her mental health issues.  However, she signs her self out before the process can really help her be the person that she needs to be.  If you can be named her guardian, then it would be dependent on you as to whether or not she can be released, thereby insuring that she continues with a treatment regime that will help her improve herself....and thereby avoid the mental health issues which contribute to the comments.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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