Legal harassment?

[stvjo]

What is the name of your state? Florida

I have been legally harassed since 1997 by my children’s bio-father. First, over support/visitation, now over step-parent adoption.

My husband since has legally adopted the children - consented by the bio-father, and the final adoption was signed over a year ago, by a circuit judge. (No appeals)

Since then I have had to get restraining orders on the bio-father for myself and the children "till further order of the court".

Now, the only way he can harrass us is by filing a motion, and writing letters to the court (which rightfully have been turned back citing ex parte communication).

In his latest motion that I go to court on soon, (and we are attempting to strike) falsely accuses us of fraud, duress, undue influence, coercion, blackmail, misrepresentation, and extortion. Which, I have more than enough evidence to disprove these slanderous accusations.

The court sees what's going on, but doesn't do anything to stop him, and continues to hear him at a great inconvenience (time off work) to us.

I possess written conclusive evidence that he is lying, and falsely accusing us to the court, judicial assistants, law enforcement, etc.

Is this a case of libel/slander? And/or does anyone have any suggestions on how to stop him from using the court system as a tool of harassment?

Thanks in advance for all help and suggestions.

- Seeking clousure

 

[seniorjudge]

What is the name of your state? Florida

I have been legally harassed since 1997 by my children’s bio-father. First, over support/visitation, now over step-parent adoption.

My husband since has legally adopted the children - consented by the bio-father, and the final adoption was signed over a year ago, by a circuit judge. (No appeals)

Since then I have had to get restraining orders on the bio-father for myself and the children "till further order of the court".

Now, the only way he can harrass us is by filing a motion, and writing letters to the court (which rightfully have been turned back citing ex parte communication).

In his latest motion that I go to court on soon, (and we are attempting to strike) falsely accuses us of fraud, duress, undue influence, coercion, blackmail, misrepresentation, and extortion. Which, I have more than enough evidence to disprove these slanderous accusations.

The court sees what's going on, but doesn't do anything to stop him, and continues to hear him at a great inconvenience (time off work) to us.

I possess written conclusive evidence that he is lying, and falsely accusing us to the court, judicial assistants, law enforcement, etc.

Is this a case of libel/slander? And/or does anyone have any suggestions on how to stop him from using the court system as a tool of harassment?

Thanks in advance for all help and suggestions.

- Seeking clousure

Q: And/or does anyone have any suggestions on how to stop him from using the court system as a tool of harassment?

A: Yes, have your attorney get a good-sized judgment against him for frivolous lawsuits, etc. and then do your best to ruin him financially.

 

[PhiKappaPhi]

Perjury

If the ex lied to the court, and it can be proved, it may be a sustainable perjury case (criminal charge). Getting a district attorney to investigate it is another matter. To prove libel, slander, defamation, you must show harm caused. If you have the money, and it is worth it to you, persue a motion to bar the ex from further court filings. Beware, it will cost you thousands of dollars in attorney fees.

 

[stvjo]

Florida

Thank you seniorjudge and PhiKappaPhi for your help and suggestions.

I was wondering, if I seeked a judgement for friviolous law suits, or prove he comitted purjury several times, or moved to stop him from further court filings. Assuming, I'm correct and all is provable (and it is) wouldn't *he* be liable under the law to pay reasonable attorneys fees, and other court costs? Why would this cost me thousands, if I can prove he is using the system to harass me?

Wouldn't the Judge have to follow the rule of (FL) law pursuant to 57.105 as it reads:

57.105 Attorney's fee; sanctions for raising unsupported claims or defenses; service of motions; damages for delay of litigation.--

(1) Upon the court's initiative or motion of any party, the court shall award a reasonable attorney's fee to be paid to the prevailing party in equal amounts by the losing party and the losing party's attorney on any claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing party's attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial:

(a) Was not supported by the material facts necessary to establish the claim or defense; or

(b) Would not be supported by the application of then-existing law to those material facts.

It goes on, but doesn't pertain to this issue. I can prove multiple times where he has filed suit for unsubstantiated claims.

Thanks again for reading.

 

[seniorjudge]

If the ex lied to the court, and it can be proved, it may be a sustainable perjury case (criminal charge)....

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0837/ch0837.htm

PKP, wrong again!

 

[stvjo]

FL

Seniorjudge, why is PKP wrong? I keep re-reading the FL statute on perjury; I don't see why PKP is wrong. If "X" has testified to a judge, and his testimony is based on lies (which it is), wouldn't that be considered purjury?


Further would he have to pay all court costs, if I prove this?

Sorry if I'm missing something obvious, but then again, that's why I came here because I don't get it.

 

[seniorjudge]

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0837/ch0837.htm

PKP, wrong again!

You have to do a tad bit more than just lie to a court for a perjury charge to stick.

Read the statute.

 

[xavier2000]

As for the libel, court proceedings and documents are protected. He can call you anything in the world in court and his has an absolute privilege to it.

 

[stvjo]

You have to do a tad bit more than just lie to a court for a perjury charge to stick.

Read the statute. (seniorjudge)
====================

Thank you seniorjudge for your time,

I'm still not understanding, so I clipped why I think it's purjury (see below), here's my reasoning:
He knowingly made false statement(s) in court that can be proven by law enforcement documentation - subsection (2) pertains to "oath" which of course he was under when he made these statements, and he made these to a judge.

Purjury right?

I really do apologize, if I'm still wrong or not understanding. Could you be more specific why I may be wrong? Thank you.

837.02 Perjury in official proceedings.--

(1) Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(1) "Official proceeding" means a proceeding heard, or which may be or is required to be heard, before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath...<snip description>