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LadyRose

Junior Member
What is the name of your state? Va

I've utterly no idea which board this question belongs on. I'm putting it here only because it is related to my previous post on this board. If this post belongs on a different board, please let me know and I will move it to it's appropriate place.

This past Friday (Oct. 15th) I put a letter in the mail (delivery confirmation) addressed to my biological mother telling her not to contact "me, my family, and most especially my children, in any form, any longer".

As I expected, she's made contact. She sent an email, dated today (Oct. 18th), to my husband. (My husband is in complete agreement with the 'no contact'---if that has any bearing on your answers)

My questions:

1) If my husband were to answer that email, would it in any way 'nullify' my 'no contact' request/demand? Or, should he answer it, telling her in his own words that he wants the 'no contact' honored?

2) If she continues to attempt contact, my thought is to hire an attorney to draft a letter to her demanding that she cease contact or further legal measures will be taken. Is this the correct course of action? If so, what type of attorney should I hire?

Thank you for your time,
Rose
 


L

LawProwess

Guest
LadyRose said:
My questions:

1) If my husband were to answer that email, would it in any way 'nullify' my 'no contact' request/demand? Or, should he answer it, telling her in his own words that he wants the 'no contact' honored?
I believe it would nullify the request/demand. After you have wrote to her, and told her to not contact you or anyone else there, you should not speak/write to her again.

LadyRose said:
2) If she continues to attempt contact, my thought is to hire an attorney to draft a letter to her demanding that she cease contact or further legal measures will be taken. Is this the correct course of action? If so, what type of attorney should I hire?
I am trying to get the same types of questions answered here. Good luck. :)
But I do think that an attorney is the next step.
I am sorry to hear about such problems with your family. I actually would hope it gets worked out differently, but I don't know of the situation. So again, good luck.
 

BelizeBreeze

Senior Member
1) If my husband were to answer that email, would it in any way 'nullify' my 'no contact' request/demand? Or, should he answer it, telling her in his own words that he wants the 'no contact' honored?
You're 'no contact' demand is worthless. If you want this to stop get a no contact order from the court.

2) If she continues to attempt contact, my thought is to hire an attorney to draft a letter to her demanding that she cease contact or further legal measures will be taken. Is this the correct course of action? If so, what type of attorney should I hire?
Again, worthless and an expenditure of money wasted. Go to court and get a no contact order.
 

LadyRose

Junior Member
Thank you for your replies. To respond in reverse.

I've searched the Code of Virginia and (if I'm understanding correctly) to get a restraining order/no contact order, I must do one of two things:

1) Show a threat to my physical well being, or threat to my property

or

2) Charge the person with harrassment/stalking (either criminally, or civilly)

I realize that my 'no contact' demand is, at this point, worthless and does not need to be honored. I wrote it to begin a paper trail because, as it turns out, she was charged about two years ago with "Annoying phone calls"--so it seems she is certainly capable of continuing with juvenile behavior. ( I can't seem to find though, how much unwanted contact is needed before proving stalking/harrassment)

As for the attorney, I just *really* don't want to have to go to court--but if it turns out I have to, I will.

As to my first and original question:
From a 'legal standpoint', I figure I have the right to demand she not contact me or my minor children (and then follow through)--but not necessarily my husband as he is an adult of his own free will.

Again, thank you for your replies,

Rose
 

LadyRose

Junior Member
Oh for crying out loud!

Bio-mother contacted---again. :rolleyes: She sent me an email, which reads in part:

"It seems very mean spirited to me that you would ask me not to contact your children.The fact that you have issued an order does not necessarily mean that you can force people to do what you order, so remember that. It's just an attempt on your part to control the world, some people buy into it but most don't."


Most of the rest of it is 'Ricki Lake/Jerry Springer' type insults and drivel. But I'm wondering if the above quote might be enough to show a 'perceived threat' to have a no-contact order issued?

I realize none of you can say what a judge might rule, but I don't want to waste the court's time on something when there are many others in desperate need of that time.

Thank you again,
Rose
 

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