Tag: harassment

Do family law divorce attorneys of the opposite side stalk and harass their client’s opposition if the client pays for it?

Some do (if you can imagine an attorney doing something like that, it’s probably already been done), but they’re outliers, and they are violating both the law and the rules governing fitness to practice law if and when they do so.

If an attorney is actually (actually) violating the law or violating the rules governing the practice of law, you are not obligated to suffer it. Notify your attorney and bring the misconduct to the attention of the court, the police, and the bar.

That stated, one cannot simply and subjectively brand an attorney of being a stalker or of engaging in harassing behavior and thus establish the attorney as a stalker or harasser. It’s common for sore losers to make false accusations of harassment against an opposing party and his/her attorney. Why? Because it’s a cheap, risk-free way to cast aspersions and demonize and neutralize (if the accusations stick to any degree) the opposing party and/or his/her attorney. Don’t be that guy/gal. If you think you may feel “stalked” and/or “harassed,” before your start accusing, be honest with yourself and ask whether you’re truly being stalked and harassed or just feeling defeated, hurt, angry, anxious, and afraid and wanting to lash out.

Utah Family Law, LC | | 801-466-9277

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How can I get my high-conflict ex to violate any terms of our court order?

How can I get my high-conflict ex to violate any terms of our court order? He operates within the confines of the legal language, but harasses and torments me at every opportunity. I have no recourse because he hasn’t broken any law, technically.

OK, I think I understand what you’re asking and why. I don’t think you’re saying that you want to entrap your ex into violating your divorce decree orders when your ex has no intention of violating them.

I believe that you are frustrated with how your ex is making you miserable without having violated the decree of divorce or otherwise appearing to you to have done anything illegal for which he can be held accountable.

The good news is that if your ex is chronically tormenting you, he probably is violating at least one law and or doing something for which the law has a remedy for you.

Go talk to the police or to the prosecuting attorney in your city or county.

Let me give you a few examples from the jurisdiction where I practice divorce and family law:

Temporary Restraining Orders

Utah Rules of Civil Procedure Rule 65A. Injunctions

Electronic communication harassment

Utah Code § 76-9-201. Electronic communication harassment — Definitions — Penalties

Civil Stalking

Utah Code § 77-3a-101. Civil stalking injunction — Petition — Ex parte injunction

Criminal Stalking

Utah Code § 76-5-106.5. Stalking — Definitions — Injunction — Penalties — Duties of law enforcement officer

Utah Family Law, LC | | 801-466-9277

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Using Smart Home Devices to Stalk and Harass

Lawyers consider restraining orders to stop abusers from using smart home devices to harass – but you can protect yourself

Some domestic abusers are using smart home devices to intimidate, harass, watch and listen to their victims.
Lawyers are grappling with the issue as they seek to cover smart home technology in restraining orders, the New York Times reports. Its story is based on more than 30 interviews with victims, their lawyers, shelter workers and emergency responders. (click here to read the rest of the article from the ABA Law Journal)

And click here (forms for applying for a protective order in Utah) and here (Utah Code Title 78B, Chapter 7 (Protective Orders)) if you want to learn more about how Utah protective orders can, among other protections,

  • Not to interfere with or change my phone, utility or other services.
  • To maintain existing wireless phone contracts or accounts.

Utah Family Law, LC | | 801-466-9277

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