Question asked on Sep 24th, 2014

Q: My ex husband calls me and call me a ” fucking bitch” tells me I am “fucking retarded”. We have three children that we have joint custody of. I try very hard to co parent and work together for the sake of our children, but I am at my wits end. I can not take his abuse. Every day he calls or texts something disrespectful. Is there a legal avenue that I can take to get him to stop?

A: Short answer: “yes.”  First, consider acting on your own — export and print all such text messages and e-mails, use caller ID, do not answer, and if he leaves insulting messages, keep the recordings (perfectly allowable) but do NOT tape live conversation over the phone (not allowed).  Then consider a very neutrally worded letter basically telling him to confine his language to matters concerning the children, in decent language, and warning that if he does not, you will bring him back to court and ask that he get the opportunity to pay for that trip.

If the abuse does not stop, with the evidence in hand, do exactly that, seeing a qualified family law specialist, in this or some other family law firm, to file a motion for a behavioral order, with penalties attached to further violations.  Being someone’s verbal punching bag is no way to go through life, and you have a right to be treated decently and with respect — you simply have to insist on it.

Marshal S. Willick