My ex-wife has reported me as violating the restraining order she had against me on my custody days. She has informed our son's schools that I am not allowed to be involved with his schooling. She has denied me custody. She has lied to mediators about when she is available to care for our son. I want to attain her past work schedule to prove she was at work when she told the mediators she was available to care for our son. My business was destroyed as a result of responding to her incessant complaints and responding to the criminal court when the city attorney sought to prosecute me for allegedly violating restraining orders. Somehow my ex got the city attorney to pursue an alleged violation of a restraining order she said her husband had against me but there is no such order. Sloppy courts and justice system have tangled me up in legal bs and helped my delinquent ex harass me. How do I make the company she works for turn over her work history? Can I sue for emotional distress?
2007-02-16 08:04:45 · 11 answers · asked by Nick S 1 in Politics & Government ➔ Law & Ethics
Yes, you can sue for intentional infliction of emotional distress if you can prove she intentionally lied with the specific intent of causing you distress. This would be an intentional tort, and punitive damages would apply.
You can sue for negligent infliction of emotional distress if such distress cause you to become physically, which resulted in monetary losses for you. Your ex would be found liable if her actions were unreasonable and she should have known that such actions would cause you distress.
It appears that there are some information missing here. For example, how is it that there was or wasn't a restraining order against you? Did you wife have any reason to deny you custody or be involved with your son's schooling?
You need to consult with an attorney, and give him all of the facts, good and bad.
2007-02-16 08:18:12 · answer #1 · answered by Jack Chedeville 6 · 0⤊ 0⤋
First of all, I hope you can.
Second of all,
I can't imagine why there shouldn't be a subpoena for the company's records, and testimony as to her hours from her bosses, co-workers, etc.
I can't pretend to know the answers, but GO FOR IT!
If this is true, you may get all kinds of benefits from it.
Custody, for one thing.
Money?
Oh, who knows?
But your kid's life is more importnat than anything.
Good things come to those who do the right thing.
Not always enough good things,
but over the course of your life, enough good htat your son will end up taking care of you when you're old and dying.
Who cares if he has no video games, if you suffer financially for a while?
There are some things that only the soul can live on, and only the soul can give your boy.
2007-02-16 16:10:31 · answer #2 · answered by starryeyed 6 · 0⤊ 0⤋
Get a lawyer from outside the area. Maybe he will be more helpful. Sounds like your ex has a super grudge against you and has made irritating you her life's work now. If your business is destroyed, leave and start over somewhere else. Get as far away from her as possible and don't let her know where you went. It will mean leaving you son but she's turned him against you anyway. He can decide what he wants to do as he gets older. He may see things more clearly then.
2007-02-16 16:16:27 · answer #3 · answered by lilith663 6 · 0⤊ 0⤋
Go online and try to find some free legal counsel in your area to sort this whole mess out.
YOU would be subjecting your son to emotional turmoil if you sued the wife, using your son as the topic of the lawsuit.
I'm sure he has enough issues with all of the mess, without more guilt piled on top. Use that as the very last resort please!
www.lawinfo.com/
counsel.net/support/
Both of these sites offer free legal advice. Good luck!
2007-02-16 16:20:41 · answer #4 · answered by I See You 4 · 0⤊ 0⤋
You need an attorney. I went thru it, not as bad as you, but the only alternative for a father is hire a good attorney and try to ignore what she's done. Fighting her without an attorney will only make it worse. My attorney filed contempt charges but it was a waste of my money. Fathers are considered dead-beats in this country.
2007-02-16 16:15:01 · answer #5 · answered by americanmalearlington 4 · 0⤊ 0⤋
You need to get a really good family law attorney. And you had better be ready for the long haul because these things do not happen overnight, nor are they cheap. Start keeping a jounal.
2007-02-16 16:12:19 · answer #6 · answered by brokenheartsyndrome 4 · 0⤊ 0⤋
Not in your case. If she has a restraining order against you, there must be a good reason & the police need to uphold it.
2007-02-16 16:09:15 · answer #7 · answered by shermynewstart 7 · 1⤊ 0⤋
Yes: Go for it. Find a Shyster Lawyer and Sue away.a Ballllll.
2007-02-16 16:12:17 · answer #8 · answered by Bob S A 2 · 0⤊ 1⤋
Whenever you're thinking about suing, the first thing you should think about is "damages".
How have you been hurt? What is the dollar value?
If it's emotional, you're likely to never see a dime.
2007-02-16 16:08:51 · answer #9 · answered by Anonymous · 0⤊ 1⤋
she is a **** ok get over it , shes going to find a mutant and bang it in front of the kid and jack away themmoney on bogus stupidity, move on and this time find one using the head at the top
2007-02-16 16:08:56 · answer #10 · answered by Anonymous · 0⤊ 1⤋