The divorce process can be emotionally intense and quite distressing. However, it does not mean that abuse or malicious behavior should be expected and condoned from your soon-to-be ex-spouse. If one spouse acts out of line, the other can take action to prevent it from happening again. This article explains how harassment can potentially affect divorce proceedings.

Harassment is considered a misdemeanor by the law, and it has even worse penalties if the offender harassed a minor, has a criminal history or defied a restraining order. If either party in a divorce does any of the following, they are liable to be charged for harassment:

• Sending provocative messages and emails that will upset and bring emotional distress to the other party. 
• Posting libelous information on social media or the internet defaming the other party’s character. 
• Allowing someone else to harass your spouse using your phone.
• Anonymously calling the other party to threaten, demean or annoy them.
• Threatening harm to the other party, their properties or loved ones. 
• Creating false alarms about death or bodily injury to the other party. 
• Making obscene and derogatory remarks or requests from the other party. 

You can request for a temporary restraining order to be issued by the court to your spouse throughout your proceedings. This is necessary if the process has been bitter and very strained. If you have been tendered such an order, it is essential not to disobey it, as it can lead to a harassment lawsuit. 

No matter how upset you are about your divorce, you should never try to harass or intimidate your spouse. Harassment is a serious offense. You should know that even things seemingly not harassment can be viewed by others as aggressive and harassing. For instance, the courts consider you requesting a third party to contact your spouse as harassment. Verbal abuse also counts as harassment, so attacks on your spouse’s person, false accusations, and threats to hurt another or yourself can warrant a restraining order. Heated arguments are expected, but anything that affects the other party’s well-being emotionally and mentally may be seen as a sign of malicious intent. 

How Harassment May Affect Divorce Proceedings 

Harassment and other forms of intimidation will negatively impact the outcomes of divorce for the aggressive party. It may influence child custody arrangements, marital property settlements, and decisions around spousal support. If the harassing party defies a restraining order and it leads to a lawsuit, a conviction will go on public record. Living with a criminal record negatively affects key things like employment and relationships. So if your ex-spouse is accusing you of harassment, you will need to consult a lawyer immediately. These are serious charges and may derail your divorce into a nastier situation. 

Also, if your ex-spouse has harassed you, you should speak to your lawyer. Do keep a record of the harassing behavior as proof. Your lawyer can offer your advice on protection services and restraining orders if required. 

The attorneys at Hecht-Schondorf are skilled at handling distressing divorces, and we can use our experience to help you during this difficult time. Reach out to us here today.