Q: My boyfriend filed for divorce 5mos ago. The ex is threatening both of us that she will file a case against us.
We started dating 3 months ago only and the ex is sending harrassing and threatening messages. Can she file a case against us? Can I file a counter case against her for defamation?
A: I see no facts indicating harassment or defamation. More facts are needed. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: It would be difficult for the ex to file a divorce case against him if he has already filed. Perhaps she means she will file a response. Also, the ex is probably thinking of filing for a restraining order, but there are no facts posted here to analyze the case. People can't file to obtain a restraining order simply to get one because they feel like it. In fact, you and your boyfriend may be able to file for a restraining order against the ex depending on specifics with regard to the harassing and threatening texts. For the issue of defamation, it is unlikely a defamation claim can be made since this kind of stuff happens in family law court all the time, but you would need to discuss specific facts of defamation with a civil defamation lawyer. You should discuss the family law issues with a family law attorney. Most offer a free initial consultation.
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