Was Wife the “Target of a Campaign of Terror” at the Hands of Husband’s Mistress?
I ran across a case called Trinchi v. Trinchi recently, where I thought the judge – who called the facts “extreme and potentially explosive” – showed admirable restraint in not making a few rather tempting conclusions about the husband’s alleged infidelity and his choice of affair partner.
The couple had been married for 11 years, and had two children together. In the context of resolving their dispute over which of them should have primary care of the children, and who should remain in the matrimonial home, the judge wrote:
Since August, 2010, the mother has been the target of a campaign of terror which has involved hundreds of communications to her alleging that the father is having an extramarital affair with Donna Bardy. The mother deposes to having been terrorized by the receipt of haunting emails, texts, photographs and messages left on her car by an unknown person. She has involved the police. The person who is the source of the terror claims to be either a jilted former lover of the father or his current girlfriend. This is not a campaign from afar. One of the emails sent 13 days ago describes the matrimonial home in detail. It is clear that whoever sent the emails has been inside the home and has accessed the parties’ mail. Some of the emails have been left on the mother’s windshield at the Go Train parking lot. Many of the emails describe the father having sex with Ms. Bardy in graphic detail. Some of the emails threaten the mother with the loss of her children. One of the emails sent to the mother and the maternal grandmother attached naked pictures of the father. Other pictures sent to the mother include pictures of Donna Bardy, pictures of a tattoo on her arm stated to be the father’s dental impression, images of ropes that were allegedly used in the course of their sexual relationship, images of areas where their sexual liaison was allegedly conducted and images of various gifts that they have purchased for each other. For example, one of the emails sent to the mother stated:
“How long until she is sleeping in your bed, having dinner with your children, showering in your shower, acting like they all belong to her…she is staying with him. You will be out and she will be in and your children will be dependent on her. You will lose them all Julia.”
The mother deposes that in mid-December, 2010, she returned to the matrimonial home accompanied by her children and saw a woman unknown to her leaving her home. This woman identified herself as “Donna”. When the mother asked what she was doing there, the woman stated that the father had asked her to set up a camera at the front of the matrimonial home and to check the mailbox at the matrimonial home periodically to see if they could catch the stalker. The woman addressed the parties’ children by name. It is admitted by the father that Donna Bardy did place a camera at the front of the home. The camera was removed at the mother’s request. After the woman left, the mother, in the presence of the children, found a note attached to the door from “Donna” which stated that the father was having an affair with Donna Bardy. On Donna Bardy’s Facebook, she lists “stalking” as her hobby.
The judge observed that both husband and Donna Bardy had filed affidavits denying that they had an affair, and claiming that they were merely friends.
Nonetheless, having apparently concluded that it was not relevant to the determination of custody or exclusive possession of the matrimonial home, the judge said simply: “I refrain from expressing any conclusion on the credibility of the assertion by the father and Ms. Bardy that they are not having an affair or that they have no knowledge of who is harassing the mother.”
Personally, in view of these facts I might have had difficulty showing the same restraint. Your thoughts?
For the full text of the decision, see:
Trinchi v. Trinchi, 2011 ONSC 3855 (CanLII)
At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit our main site.