Question

How Can I Get Her to Stop?

Asked 25 December 2012 · 1 answer

The question

I am a 31 year old lesbian who is married to a woman in Iowa. Well, we're separated, and I've fled to a Northeast state, because she was abusing me physically, sexually, and verbally. She will not stop contacting me, and I've blocked her facebook, her phone number, etc. The only way she can reach me is by email, and I left that way open because I fled suddenly, leaving almost all of my belongings in Iowa. I have been trying to keep things civil with her so she'd pack them up and my dad could get them from her.

But she's been going into unpredictable rages as usual, and sending me scores of abusive emails. She's right now threatening to destroy all my things, from books to furniture. I wouldn't put it past her.

I've called the police in Iowa, but I'm wondering if there's any way to get emergency legal action (on Christmas, no less), like a cease and desist or whatever, to keep her from destroying my belongings. Please let me know what you think, and thank you.

From the LawyerCentral forum archive. Originally posted 25 December 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 15 January 2013

Cease and desist orders can be given when the other party is already doing something that violates your rights; so such an order can only be given if your ex-partner is already smashing your property. You would first have to prove that she is in the process of destroying the property though.

You could e-mail your former partner informing her of the criminal and civil consequences of destroying your property: vandalism in criminal court, which fits the willful destruction of property, and trespass to chattels in civil court. If your ex-partner destroys your property, you could sue her to recover the damages. Please see a personal injury attorney for legal advice.

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