My ex used to publish all types of loopy issues about me on social media, from calling me names to creating threats of suicide due to what she claimed my household and I did to her. Sadly, she is mentally in poor health. 

In the course of the divorce, she was ordered to cease posting on social media and cease making damaging feedback about me and my household to our children. She was present in contempt a pair years in the past when she went off her treatment and began posting once more. Earlier than posting, she would buddy the children and their mates, maximizing the embarrassment to the kids within the course of.  

Because of her conduct, each of our children have been in remedy for years. Final time, a few of her parenting time was taken away so she solely sees them one weekend every month.

Just lately she has began up once more. I instructed her I used to be going to file one other contempt to additional prohibit her rights if she can’t behave appropriately. She appears to suppose I gained’t win this time as a result of the order proscribing her posts and feedback is “unconstitutional.” 

Is she proper? Was there a change within the legislation? Is the order not legitimate?

Two weeks in the past, the Massachusetts Supreme Court docket issued a ruling in a case the place there was a non-disparagement order. That individual order was declared to be an unconstitutional restriction on the liberty of speech afforded by the First Modification to the U.S. Structure. It sounds to me like your state of affairs is sort of totally different and distinguishable from the lately reported case.

In that case, the kid who the decide was searching for to guard was a toddler. Your kids are clearly sufficiently old to have entry to social media, as are their mates. Her conduct over time has created such turmoil on your kids that they want remedy. From a authorized perspective, the states have an curiosity in defending kids from being uncovered to the disparagement of a dad or mum. Case legislation says judges can safeguard the bodily and psychological well-being of minor kids.

The kid within the latest case confirmed no proof of psychological hurt. Your kids are totally different, and so they have been down this path earlier than with their mother. It appears they’re extra susceptible to a spike in her dangerous habits. It’s value submitting the grievance for contempt to see if the decide agrees your order remains to be legitimate regardless of the latest ruling. I believe you’ll be pleasantly stunned.

However, if I’m incorrect and she or he continues to escalate, you may apply for a harassment prevention order. If her speech is deemed harassment, certainly it won’t be protected by the First Modification.