Other Criminal Charges & Offenses Is this grounds for harassment?

[Gabeoodson30]

Jurisdiction

Tennessee

My husband is in the military and I am trying to figure out if there is anything legal my husband can do. This past weekend his ex girlfriend/baby momma called his 1sg and commander and stated that my husband assaulted her at their daughters dance recital. He didn't talk to her and wasn't near her at all. He was with our 2 & 1 year old clear across the room the entire time. She didn't file a police report or anything just called commander trying to get him in trouble. He isn't in any trouble with his unit and they have already been briefed a while back because this isn't the first time she has called them making accusations. She has also called them pretending to be me to get information about him. Legally is there anything we can do about this? Is this grounds for harassment or anything?

 

[army judge]

Legally is there anything we can do about this?

NO

Is this grounds for harassment or anything?

NO

Now that she has tipped her hand, your husband would be best served to avoid any events where the woman will attend.

Yes, he might miss a few events his daughter will attend, but at least he'll keep his freedom and good name.

If he has visitation with his child, he would also be best served by going to court and having the custody order amended such that the drop off and pick up of the child is in a police or sheriff station.

He should also take a video of the child when he accepts her, and when he returns her.

Why?

Her next trick will be to say your husband sexually abused, or battered the child.

If I were in his position, I'd pay my child support and stop visiting the child altogether.

The woman has shown you what she is, knowing that, its wise to assume she'll only get worse.

Your husband has a duty to the military, you, and his current family.

He can't do that if the wicked beast causes him to get arrested or drummed out of the military with lies.

 

[hrforme]

unfortunately he chose to have a child with this person and for the next umpteen years he will have to deal with her to see his child if he wants to go to events where they will both be.

Do they have any court orders/custody set in court?

 

[zddoodah]

Legally is there anything we can do about this?

He (not "we") can legally do lots of things. He could sue his ex for defamation. However, since he apparently suffered no damage as a result of what happened, that would be a pointless waste of time and money. He could seek some sort of restraining order.

Does the court's custody/visitation order relating to their daughter contain any sort of non-disparagement provision? If not, he could petition the court to modify the order to add such a provision.

Is this grounds for harassment or anything?

I'm not sure what "grounds for harassment" might mean. However, as mentioned above, he could seek some sort of restraining order. I suggest he confer with a local family law attorney about the best way to handle this.

 

[Gabeoodson30]

He plans on consulting with an attorney tomorrow. When I said "is it grounds for harassment"I meant is it considered harassment if she continuously calls his work/chain of command pretending to be me to get information and making false accusations to his commander. As far as the non-disparagement provision I don't believe one is in the parenting plan.

 

[Gabeoodson30]

yes he has her every other weekend rotating holidays and splitting breaks but the mother is the custodial parent.

 

[zddoodah]

is it considered harassment if she continuously calls his work/chain of command pretending to be me to get information and making false accusations to his commander.

I'd have to look up the Tennessee harassment statute, but I doubt it. Certainly his C.O. can handle this woman. Nonetheless, as I indicated, he can seek some sort of restraining order.

 

[Gabeoodson30]

Agreed, thank you!

 

[army judge]

If a person doesn't restrain themselves as an adult, a piece of legal paper with a seal isn't going to stop an ill-mannered, uncouth, bully, loudmouth.

Your husband can simply ask his 1SG or Platoon SGT if there are any remedies available to him from this trouble making, conniving, lying lout?

Many years ago as a young CPT my orderly room would often receive these types of calls.

We talked to the Provost Marshal who suggested we inform the callers that this was an official US government telephone line, and not to use it complain about a soldier.

The telephone line was only for conducting OFFICIAL US Government business.

If the person called after that, we referred the matter to CID.

CID contacted the person and informed the caller that anymore calls would be referred to the US Attorney for prosecution.

The calls stopped.