Are you receiving harassment by an ex-partner, especially through a legal process? When is going to court over and over again an abuse of process?

Harassment from an ex-partner through the courts is a difficult and stressful experience that can leave the victim feeling helpless and trapped. However, there are several steps that victims can take to protect themselves and seek legal recourse against harassment.

First and foremost, seeking the help of a qualified legal professional is crucial in dealing with this type of harassment. A lawyer with experience in cases of harassment can provide support, guidance, and legal options for victims to pursue.

It is essential to work with a lawyer who understands the nuances of the legal system and can advocate for the victim’s rights.

Document the harassment

Documenting all instances of harassment is another critical step. Victims should keep records of any correspondence, file notices of harassment with the courts, and seek restraining orders if necessary.

This evidence can be helpful in court proceedings, as it provides evidence of the ex-partner’s behaviour and can strengthen the case against them.

The emotional toll of harassment can also be overwhelming for victims, and seeking the support of a therapist or counsellor can be beneficial. A therapist can provide a safe and supportive space to process emotions and develop coping strategies.

Children involved in the situation should also be considered. It is essential to shield children from legal proceedings as much as possible and work with a qualified family lawyer to develop a parenting plan that protects the children’s safety and well-being.

Court Related Abuse and Harassment

In some cases, pursuing legal action through a counterclaim or lawsuit against the ex-partner may be necessary. Victims may consider this option if the ex-partner’s actions have resulted in financial or emotional harm.

Pursuing legal action should only be done with the guidance of a qualified lawyer, as it can be a complicated and time-consuming process.

Harassment from an ex-partner through the courts can be a challenging and emotionally draining experience. However, with the right support, resources, and legal guidance, victims can take steps to protect themselves and their families and regain control over their lives.

Seeking legal representation, documenting all instances of harassment, seeking emotional support, and considering the potential impact on children are essential steps in dealing with this type of harassment.

A story about legal process harassment

Ontario Superior Court of Justice (ONSC) intervened when a lawyer and engineer breached repeated court orders and withheld information from his spouse.

The couple separated in 2015 and started divorce proceedings two years later. With five children between six and 17 and two adult children from a prior marriage, resolving who was responsible for paying the bills was pressing.

When finances are in question, the court makes the final decision.

Is your ex harassing you through the courts? Book a meeting with a family lawyer today. The lawyers might be able to file an application with the court to get your ex to follow the court rules.

Get Fired For Harassment

The dispute got its start when the husband argued that despite his education, his wife was the family breadwinner. The couple ran a law firm together and she controlled not only the companies but all of the family’s assets, he said. The law firm was in her name, as were the matrimonial home and other companies the couple had started during their marriage.

She had returned to school to become a mediator and therapist, while he had been highly involved with caring for their children. He asked the court to terminate his wife’s spousal support, dismiss their nanny, and allow their home to be sold or refinanced to pay the household and mortgage expenses.

Call The Police For Text Harassment

The wife disputed his claims. She had been unemployed since 1998 and while she had studied various careers, she had not worked at any of them. The wife argued she had dropped out of university to raise the couple’s children.

She admitted to helping out at the law firm but said that included buying food for the office fridges and helping design a logo, business card, website, and signs.

The companies were very specialized, she said, and while they were in her name, her husband was “the mastermind behind them”. She agreed she had hosted dinner and Christmas parties for clients and staff, but said she currently relied on monthly child benefits from the government and money borrowed from family to pay the mortgage and household expenses.

Harassment by an Ex-Partner In The Court System

With several court orders for financial disclosure, spousal support and payment of household and child care expenses breached, each argued the other was at fault.

The husband had vowed to provide the court with personal and corporate tax returns. This hadn’t happened he alleged because his wife was withholding information he needed to finalize them. Her actions frustrated his ability to comply with three previous court orders.

His lawyer asked the court for proof she had remedied this breach. The wife should provide the financial information and pay the husband’s legal fees and court costs, his lawyer argued.

Have Someone Arrested For Harassment

The wife disagreed. She said she had co-operated. The couple both acknowledged he had removed two home computers he claimed contained accounting records he needed to complete the corporate income taxes. Her lawyer said the husband’s pleadings should be struck and her court costs paid.

The wife should also be allowed to refinance their matrimonial home, where she lived with their children.

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Sue Someone For Harassment

With the couple still disputing many facts and issues, the court refused to strike any pleadings. That included the husband’s request to be relieved of paying spousal support, household expenses, or their nanny’s wages.

The judge sided with the wife, finding her ex’s allegations “unreasonable” and the couple’s parenting and financial issues “both complicated and high conflict”.

The husband had previously told the court he had all the information he required to provide five years of personal and corporate tax refunds.

He confirmed significant amounts were owed. Now he claimed to be missing needed information. The tax documents were incomplete or unprepared. This financial disclosure, the judge said, was not only obligatory but required “for this family’s survival.”

Ex Harassing You Through The Courts

Had the wife thwarted his efforts? The record showed otherwise. It was true that she had removed him from some business and other accounts.

But that was in response to hundreds of thousands of dollars he had removed without consent since their separation, she claimed. ONSC found the wife had no ulterior motive to frustrate or sabotage her husband.

And the husband’s timeline didn’t add up. If his allegations were true, why had he delayed asking for the records for so long?

ONSC ruled the husband’s request to strike his wife’s pleadings and for more disclosure from his ex were “retaliatory’ and, where his taxes were concerned, “designed to avoid his obligations”. The requests were disproportional, unreasonable, and overreaching, the court found.

In the future, the wife would only be required to respond if an accountant or chartered business valuator asked for records from an account the husband could no longer access.

Harassment by an Ex-Partner In The Courts

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In return, the wife was compelled to prove what her income and earning power was. She was required by the court to provide her tax returns and notices of assessment, proof of her education, and affidavits showing her employment history and all efforts she had made to find work since separating.

Those records are important because both parents have financial and parenting obligations to minor or adult children with mental or physical disabilities. Before their separation, the couple lived a luxurious lifestyle due to the husband’s income. Since separating, his wife claimed to have fallen into dire financial circumstances.

It happens when he failed to pay for anything. This included spousal support for their children’s dental work, counselling, and extracurricular activities.

Harassing You Through The Courts

She called the delays and breaches “flagrant and by the insidious design in his efforts to destroy her.” The judge agreed with her lawyer. She said the husband’s communications were “cavalier and sarcastic”.

He ordered the husband to pay the outstanding spousal support, household, nanny, and other expenses. The tab was over $34,000.

When your court case seems to go on forever, it may be an abuse of process.

What constitutes harassment by an ex-spouse?

Ex-spouse harassment is a serious issue that can manifest in many forms, leaving the victim feeling threatened, intimidated, or uncomfortable. Repeated unwanted contact, stalking, threats, frivolous lawsuits, spreading false information, and financial harassment are some common examples of ex-spouse harassment.

Repeated and unwanted contact can take the form of frequent phone calls, text messages, emails, or letters that are unwanted and can be alarming if the ex-spouse uses abusive language or makes threats.

Understanding Harassment: Definition and Legal Parameters

Stalking is another common form of harassment that involves following the victim or showing up uninvited at their home or workplace. This type of behaviour can cause the victim to feel unsafe and afraid. Threats of violence, property damage, or other harm can be made in person or through various communication channels.

Frivolous lawsuits or legal actions are a common way ex-spouses can harass their victims by repeatedly filing lawsuits or legal actions that are baseless or meant to cause financial or emotional harm.

Spreading false information, such as rumours or false accusations, can also cause emotional distress and harm the victim’s reputation. Financial harassment can occur when the ex-spouse withholds financial support or refuses to pay court-ordered spousal or child support.

Types of Harassment Actions by an Ex-Partner

It is essential to note that ex-spouse harassment can take many other forms, and the behaviours mentioned above are not exhaustive.

The most crucial thing is to recognize and address the situation if you feel threatened or uncomfortable with your ex-spouse’s behaviour. Seeking help from a qualified legal or mental health professional is vital to navigating the situation successfully.

It can be challenging to cope with ex-spouse harassment on your own, and the impact can be severe. Professional legal guidance and support can provide insight and options to help you protect yourself and cope with emotional distress.

Victims may benefit from seeking the support of a counsellor to help them process and cope with their emotions.

It is crucial to shield children from legal proceedings as much as possible and work with a qualified family lawyer to develop a parenting plan that protects their safety and well-being.

We hope you found this article on harassment by an ex-partner useful.