Is Filing Frivolous Motions Considered Harassment?

Pittsburgh divorce lawyer Anna CiardiQuestion:

My ex-wife has twice filed motions to have me drug tested, claiming I smoke marijuana both in the presence and without my children. These allegations are ridiculous and have been proven false.

Now she is accusing me of the same crime again, this time claiming to have a witness. Again, this is false. She has also deposed several friends, my boss, and my significant other. Clearly, she is doing this out of malice.

Is this considered harassment?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.

It certainly does sound like your ex-wife is giving you a difficult time, based on rather flimsy accusations. These issues can be difficult to deal with because once someone makes these suggestions to the court about a parent the courts often error on the side of caution and investigate these issues.

Harassment would be a separate issue and would be dealt with outside of the domestic relations realm. To deal with this issue in the context of family law, you might consider presenting a motion of your own regarding the fact that your ex-wife is making repeated unfounded claims against you and that her doing so is not in the best interests of the children.

With regard to suing for harassment, you will want to look into both criminal harassment and civil harassment. Typically, the behavior involved in a successful harassment complaint is pretty extreme.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pittsburgh Divorce Lawyer Anna M. Ciardi, contact Cordell & Cordell.

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