how do you deal with someone using a lawyer to harrass you

If an attorney is making lewd comments, threatening violence or arrest, then legal taking action may be necessary. If you believe an attorney is using the legal process to harass you, there are legal claims such as abuse of process or malicious prosecution that may be able to help. Have family law problems?

Full Answer

What do I do if someone is harassing me?

Be aware that you will need to provide evidence of the harassment. Even if the order is approved, you’ll need to have an adult over the age of 18 serve notice of the order to the person harassing you before it becomes effective. Need emergency protection? Some jurisdictions may give you the option of asking for an emergency no-contact order.

How does the other person in a family law case harass you?

Here are some examples of how the other person in a family law case might harass you by using the court or the legal system. They might: embarrass you in court, or put you off going to court, by talking about your health problems (for example, postpartum depression or mental illness) in a way that isn’t related to your case;

When to break off contact with someone who is harassing you?

If the person continues the unwanted behavior, it might be time to break off contact. Tell the person that you expect them to stay away, and that you will no longer be answering correspondence. Be clear that if the person continues harassing you, you will take steps to put a stop to it.

Is it legal to harass someone over the phone?

They can be a frightening experience. The Federal Communications Act, specifically 47 U.S. Code § 223, as well as many state laws, prohibit telephone harassment and create legal remedies and enforcement mechanisms.

How do you respond to an aggressive lawyer?

Here are eight approaches to better handle the difficult lawyer.Point out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.

How do you handle harassment?

Some options to explore for addressing the conduct of a harasser and preventing future harassment include: imposing discipline or corrective action; reassignment; demotion; or requiring harassers to attend specific training or counseling sessions. The goal is to make the harassing behavior stop.

What is lawsuit abuse?

Abusive litigation is when someone uses the legal system to take power and control over you. It is common in domestic violence cases. Even if you have left your abuser, he or she can cause psychological, emotional, and financial harm by taking you—and even your friends and relatives—to court again and again.

Can I sue someone for insulting me?

Second, you can file a defamation lawsuit to secure a court order to remove content or obtain damages for the harm you have suffered from the defamation. Insults, on the other hand, are typically not something you can sue over. Unfortunately, the law does not protect against insults or rude comments.

What are the 3 types of harassment?

If an employee feels unsafe in their own workplace, it is important to discuss their potential claim with a Sexual Harassment Lawyer.1- Physical Sexual Harassment.2- Verbal Sexual Harassment.3- Visual Sexual Harassment.

How can you prove harassment?

In order for behavior to meet the standards of harassment, it must:Involve discrimination against a protected class of people. ... Involve offensive conduct. ... Include unwelcome behavior. ... Involve some level of severity or pervasiveness that affects your ability to work.

What is a vexatious action?

Vexatious litigants are individuals who persistently take legal action against others in cases without any merit, who are forbidden from starting civil cases in courts without permission.

How hard is it to get a restraining order?

Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.

What is considered financial abuse?

Financial abuse involves controlling a victim's ability to acquire, use, and maintain financial resources. Those who are victimized financially may be prevented from working. They also may have their own money restricted or stolen by the abuser. And rarely do they have complete access to money and other resources.

What is the punishment for insulting?

Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with ...

How do you stop someone from slandering you?

You can file a lawsuit for libel or slander, or you can seek a restraining order from the court. But the cheapest step is to first send a cease and desist letter that tells the party to stop or face the consequences.

Is verbal harassment a crime?

Section 66 An of the IT Act shall be punishable with imprisonment for a term which may extend to three years and with a fine. If you are women in INDIA then you can file a complaint under Section 354 as well as section 509.

2 attorney answers

It is in the nature of legal disputes and especially family law disputes that there are hard feelings between the parties. Sometimes attorneys fall into that kind of alignment with their clients and it is unfortunate and the attorney often learns a hard and unpleasant lesson as a consequence.

Christine C McCall

It is in the nature of legal disputes and especially family law disputes that there are hard feelings between the parties. Sometimes attorneys fall into that kind of alignment with their clients and it is unfortunate and the attorney often learns a hard and unpleasant lesson as a consequence.

Tuvia Korobkin

Moving for a protective order may be one route, as suggested by another attorney. In addition, keep in mind that if the other side's attorney makes a motion to compel and is NOT successful, YOU may be entitled to sanctions against THEM if you ask for sanctions in your opposition.

Frank Wei-Hong Chen

Normally, asking for responses to interrogatories and threatening monetary sanctions for failure to comply with discovery would not constitute harassment. Nevertheless, the remedy is not a civil restraining order, but rather a motion for protective order. A protective order can be use to limit the scope of discovery or to...

John Noah Kitta

If you truly have an unpaid wages claim you, as the prevailing party would have an entitlement to attorney fees and costs and penalties. I would strongly encourage you to retain an experienced employment attorney and have him or her take the case on a contingency basis. This is an arrangement everyone can afford and it is certainly available.

Neil Pedersen

While I do not know the specifics of your situation, but what you describe is not harassment, it is litigation. You chose to handle the case yourself and you have to live in the bed you made for yourself. Litigation can get aggressive, and time consuming and deadline oriented.

What to do if you are harassed?

Do not get into a dialogue with the harasser, or try to reason with them, or answer their questions. You do not need to respond to diversions , questions, threats, blaming, or guilt-tripping.

How to deal with a harasser?

If the harasser is someone you have to see frequently—say, someone at school or someone who works with you—you can still set boundaries that make sense for your situation. Tell the person to stop hanging out by your desk or approaching you at lunchtime, for example.

How to deal with harassment in school?

Talk to the administration at your school or workplace. You don't have to deal with harassment alone. Talk to your teacher, school counselor, school administrator, human resources department or someone else you can trust. Most administrations have policies in place to deal with harassment.

How to stop someone from being a jerk?

Tell them what they are doing that you do not like (“You are standing too close”) rather than blaming them as a person (“You are such a jerk”). Avoid cursing, name -calling, put-downs, and other actions that may escalate the situation unnecessarily.

How to protect yourself from someone who is threatening you?

Start by telling the person that you don’t like the behavior and asking them to stop.

What to do if someone posts something disparaging about you?

If the person has posted something disparaging about you, you can flag the post and alert the staff (of Facebook, Twitter , etc.) so that the post will be removed .

What to do if someone keeps calling you?

Stop answering the person's calls, emails, and other messages. If the person tries to get in touch, don't answer their calls, emails, or texts. At this point, you've made your position clear, so if the person continues to contact you, they are explicitly going against the boundaries you've laid out.

What to do if you don't want to claim harassment?

If you don’t want to claim harassment directly, you should at least tell the person what they’re doing and the fact that you don’t want them to do it. This sets the standard for how you want to be treated and can even be used in court later on.

What to do if someone violates the law?

Someone who is willing to break the law and violate your person al space in an effort to harass you is very likely to be unpredictable or even dangerous. If at any point you feel afraid the person may physically harm you or someone you love, call the police immediately – use 911 if the situation is urgent.

What is Harassment?

Under the law, only certain actions qualify as harassment. Most of these behaviors relate directly to feeling uncomfortable or personal safety, but there is a considerable amount of grey area that can make them difficult to identify.

What is sexual harassment?

Harassment typically: Makes you feel threatened or violates your boundaries. Involves the harasser ignoring clear requests to stop. Involves verbal, physical, or sexual abuse. For example, a co-worker who repeatedly hits on you or touches certain parts of your body is engaging in sexual harassment in the workplace.

What happens when you don't show respect?

When someone takes disrespect to the next level, making you feel intimidated, afraid, or threatened, the law often considers their behavior harassment.

How to stop someone from being rude?

Clearly Tell the Person to Stop. If it is safe to do so, call the person out on their unacceptable behavior and demand they stop. Speak calmly but firmly, focusing on the behavior itself rather than insulting the individual’s personal character.

How far away do you have to be from a police officer to get a restraining order?

In most cases, it requires that they remain a certain distance from you at all times, too (e.g., 50 feet). You can initiate the process of filing for a restraining order at your local police station. Be aware that you will need to provide evidence of the harassment.

How to restrict abusive litigation?

If you are experiencing abusive litigation, notify the court and ask the court to take action. You or your lawyer can file a Motion to Restrict Abusive Litigation along with a proposed Order on Motion to Restrict Abusive Litigation. See Resources below for links to these forms.

How can judges help stop abusive litigation?

Judges can help stop abusive litigation with a specific court order: Order Restricting Abusive Litigation. The Order Restricting Abusive Litigation can: Prohibit abusive litigants from filing new lawsuits without the court's authorization. Limit the number of allowable court filings. Limit the scope of discovery.

What is abusive litigation?

Abusive litigation is when someone uses the legal system to take power and control over you. It is common in domestic violence cases. Even if you have left your abuser, he or she can cause psychological, emotional, and financial harm by taking you—and even your friends and relatives—to court again and again.

What to do if your spouse is harassing you?

If your spouse is harassing you through the courts. Provincial Court. Supreme Court. If the other person (the law calls them the other party) in your family law case is using the legal system to abuse or harass you, there are some steps you can take to make them stop.

How much can a judge fine for harassing you?

They can: stop the other person from making any more court applications (either for a certain time or until the person has followed some other court order), fine the other person (up to $5,000).

How to embarrass you in court?

embarrass you in court, or put you off going to court, by talking about your health problems ( for example, postpartum depression or mental illness) in a way that isn’t related to your case; making lots of settlement offers or sending lots of letters to your lawyer so you have to pay more legal fees;

How to pretend to be the abused person?

pretending to be the abused person by telling the police that you're the one hurting them if you call the police, or charging you with assault if you defend yourself.

What are some examples of misuse of the court system?

They might: misuse the court system to make life difficult for you by, for example, making lots of court applications, sometimes at different courts or the wrong courts, to change court orders, or. making the wrong court applications on purpose; embarrass you in court, or put you off going to court, by talking about your health problems ...

What to do if you receive a harassing call?

If you receive a harassing phone call, do not engage in a conversation with the caller or divulge any personal information. Sometimes the caller is seeking a response from you, and not giving a response can discourage future harassing calls.

How to prosecute a caller?

When the calls come in, make a note of the gender of the caller, the description of the caller's voice, the time and date of the call (s), what was said in the call (s), and an estimate of the caller's age. If the police can identify the caller and find sufficient evidence, they will forward the case to the local district attorney's office to prosecute the caller.

When Does a Phone Call Rise to the Level of Harassment?

There is a difference between an annoying call and a harassing one. Telephone harassment occurs when someone intends to annoy, harass, or threaten you by:

What is the difference between harassing and annoying calls?

There is a difference between an annoying call and a harassing one. Telephone harassment occurs when someone intends to annoy, harass, or threaten you by: making a telephone continually ring. making lewd, indecent, or obscene comments, suggestions, or requests over the telephone. making a telephone call without identifying onesself.

How to determine if a caller is obscene?

Contact a lawyer. You could also contact a lawyer to help determine whether the caller's words or actions are obscene or otherwise unlawful. A lawyer can also tell you if you might be entitled to any civil damages for emotional distress.

Is harassment a criminal offense?

People who commit telephone harassment are subject to fines, prison, or both. In many states, telephone harassment is a criminal misdemeanor and can be more serious when a defendant in a criminal case is harassing the victim.

Is a restraining order a good remedy?

Telephone calls arising out of family disputes, political squabbles, and business matters are less likely to be made into criminal matters. A restraining order might be a more appropriate remedy in these situations.

What is it called when you repeatedly come to court?

Sometimes this type of behavior is called “litigation abuse. ”.

Why is litigation abuse so difficult?

Unfortunately, litigation abuse is challenging to deal with because it is hard to limit someone’s right to file in court.

What is litigation abuse?

Litigation abuse often takes place in divorces or other complex court cases that allow discovery, which is the exchange of documents and information between the parties before trial. To read more about litigation abuse during the discovery process, go to What if the abuser is using discovery as an abuse tactic? in our Preparing for Court - By Yourself section.