What are my options regarding possible for legal protection for my 5 year old from adult of no relation who won’t stay away?

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What are my options regarding possible for legal protection for my 5 year old from adult of no relation who won’t stay away?

My child’s father has an ex of one year yet this woman still comes around my child and confusing her. I have repeatedly told her to stay away but she absolutely refuses. The father will not back me up on this issue. She is willing to battle me all the way into court and it frightens me how determined she is to stay in my child’s life knowing she is not welcome. She is not family or connected in any way and I would like her to just move on. She has even implied that she is a better mother than I am which is strange and irrational.

Asked on December 31, 2011 under Criminal Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You could get a restraining order to keep the woman away from your daughter.

Another option you might want to consider is filing a lawsuit for invasion of privacy on behalf of your daughter against the woman.  Since your daughter is a minor, you will need to be appointed guardian ad litem to sue on her behalf.  Invasion of privacy is a serious and unreasonable interference with one's right to be left alone.  Invasion of privacy is an unprivileged and unconsented invasion of one's physical seclusion.

Your damages (the amount of compensation you are seeking in your lawsuit) would be general damages and would include such items as mental distress and physical illness.  There are other items that can be recovered as damages but would be inapplicable to a child.  The mental distress would be a strong argument since you said that this woman confuses your daughter.

You could also seek punitive damages for a wrongful motive on the part of the woman which seems to be the case based on the facts you have mentioned.  Punitive damages are a substantial amount to punish intentional and malicious acts.


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