Can my lawyer stop the divorce if I'm being harrassed and pregnant?
Topic: Drug court case stories
July 16, 2019 / By Bigvai Question:
Long story short my husband was cheating, asked me to move out and 2 days after I did, filed for divorce. I am 5 months pregnant with our second daughter. We both had lawyers until he fired his for "financial reasons" and now he is representing himself. Last week he met with my lawyer and told him that he's going to fight for sole custody of our 1 yr old daughter. He claims I'm "unfit" and "unstable" and is petitioning the court to give me a hair drug test- which I would fail because I've been a regular smoker for years. He claims to be doing it for our daughters health except I NEVER smoke near her, have never done so. He was fine with it the whole time we were married and for the last year since she's been alive but NOW it's a problem- mainly because he's trying to hurt me and it's the only leverage he's got.
He has been sending me text messages- some I respond to but lately I've been saying "please stop texting me" or "leave me alone". He will stop for a few hours and then start again. Is this harrassment? How many times do I have to say "stop" for it to be considered harrassment?
My mom is telling me that my lawyer can ask him to "cease and desist" and that all the proceedings should be stopped because the stress is affecting myself and our unborn child. I have lost 4 lbs since Friday, haven't been sleeping or eating much. Our daughter (fetus) has only one artery in her umbilical cord (supposed to have two) and the Dr said stress is a key factor in that. Can I get this madness to stop until after she is born? Please someone help me!!
My lawyer is "in trial" and I haven't been able to consult him... thank you in advance!
Yes, we're talking pot, not cigarettes. I am aware it's illegal and unhealthy so please don't badger me about it. I have a medical card (thru the state of MI) and have only "smoked" maybe 5 times since September. I also used a vaporizer so there is no smoke involved.
As for where my daughter is, she was with her dad. We have been sharing time with her 50/50 each week so there are 3.5 days a week when she is not with me.
Best Answers: Can my lawyer stop the divorce if I'm being harrassed and pregnant?
Absalom | 1 day ago
First, lets start with the "smoking" issue. Are we talking about tobacco or pot? If the later, then this can definitely hurt you in a custody case. The use of illegal drugs is one of the top reasons for someone to lose custody. Certainly, if you've been smoking (anything, but especially pot) while pregnant, you're going to look like a horrible person. No way to win that, except to stop all smoking, period.
As for harassment, he is to communicate only with your lawyer. Have you lawyer contact him (as he's his own lawyer) to remind him of that. If it doesn't work, your lawyer can assist you in taking further steps.
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We found more questions related to the topic: Drug court case stories
Originally Answered: What kind of lawyer do I need?
You need a lawyer that specializes in civil prosecutions. The criminal part is out of your hands but your are probably looking for restitution, pain and suffering types of damages. Getting an attorney to take on the case I guess will depend on how well you present the case to the attorney and see if they are willing to bite.
Here is some useful info on the difference between civil and criminal law
A site that may help you find civil attorneys in your area
Originally Answered: What kind of lawyer do I need?
Visiting a prisoner is a PRIVILEGE, not a tight. You CAN'T have a case on those grounds. You didn't even TRY to make a case for wrongful death OR malpractice. You need an attorney that is willing to explain that just because YOU don't like something that happened, it doesn't mean anyone did anything wrong.
First off, you won't fail a drug test for smoking cigarettes. (If you're referring to marijuana or some other drug, then yeah, you'll definitely fail -- it's illegal so whether or not you smoke it around her doesn't matter.)
Secondly, if your husband (soon to be ex) is texting you with harassing messages, how is halting the divorce proceeds going to change that? It's not, so the stress isn't likely to go away.
If the messages are threatening in nature, you could get a no contact order. So make sure you save them all and give them to your attorney. Since he's in trial, you'll just have to wait it out. Stop reading the texts from your husband and wait until you can talk with your doctor.
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Yes...save all of the text messages and go to your lawyer to file a ciest and disist restraining order...also your lawyer will need to most likely get a statement from your doctor and this harrasment can (not will) put an end to this unfit mother buisiness because it can prove him to be the unfit one due to aggressiveness and that your scared that he may be violent
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Originally Answered: Do you think I have a case and should I get a lawyer?
Yes you do have a very strong case. In most traffic cases the offense has to be committed in front of a peace officer. Even if witnessed by a bystander, the officer has to way to detrmine if you had any amount of alcohol from the time the you got out of the car and the time the breathalizer was given. Besides that, I would try to press charges against the bystander for false imprisonment. If he would not let you leave, he violated your right to freedom, and therefore commited a crime against you.