While most couples enter into a divorce hoping to complete the process as amicably as possible, that is not always the case. Whether due to disagreements over money, accusations of cheating or other offensive conduct, or battles over custody, a Wisconsin divorce can quickly turn ugly. Name-calling and fights over possessions are one thing, but when a spouse’s actions go from that to verbal or physical harassment, it may be time to get a court involved.
In Zernia v. Zernia, Sharon Zernia did just that. After experiencing harassment from her ex-husband, she sought an injunction to stop any further harassing behavior. Sharon and John Zernia divorced in 2011, and the process was a very contentious one. Several years later, in 2015, John approached the Pastor at the church that Sharon and her family attended, and he had several meetings with the Pastor to alert him to immoral conduct in which he believed Sharon had engaged, including stealing items from his home and being a “sadly mentally ill” mother. John also printed and distributed 110 flyers at Sharon’s church that also made these allegations about Sharon. After Sharon learned of the flyers, she petitioned the court for an injunction against John to keep him from coming near her and from further harassing her.
At the injunction hearing, John argued that he did not intend to hurt Sharon but was merely acting in accordance with his Catholic beliefs, which required him to alert the church to Sharon’s allegedly immoral behavior. Sharon testified that she was alarmed by John’s behavior and was worried for her safety. The lower court found that while John’s efforts to reach out to Sharon’s Pastor were not harassing, the flyers that he left on cars were. Since there was no legitimate purpose to the flyers, the court granted Sharon an injunction against John. John appealed.