They have told him they have" pull with the court" (a lie). And if he continues to see me they will make sure he goes to prision and if he seperates with me they will use their pull to get him probation.
2007-03-04 19:13:02 · 8 answers · asked by dsdotnlaw 1 in Politics & Government ➔ Law & Ethics
The best tort would be Intentional Infliction of Emotional Distress.
To prevail, you need to prove by a proponderance of the evidence that that intenionally did some outrageous act that caused your seaver emotional distruss.
The first key issue is that the conduct must be so out of the norm of civilized conduct as to be actionable. People are expected to put up with a lot in today's soceity. But still, such threats might go that far.
The second issue is that your distress must be very bad. The legal standard is that it must be beyond the normal experience. Hurt feelings is not enough. It must be so bad, for example that you can't sleep, have hives, etc, although physical harm is not required.
If they actually do influence the court in an illegal fashion, you might be able to get false imprisionment.
If this is a real situation, you should see a lawyer.
2007-03-04 21:26:03 · answer #1 · answered by tallthatsme 4 · 0⤊ 0⤋
There is a rather little known tort of "interference with familial relations." There may be synonyms for this. It is in the same family as "interference with contractual relations" and other "interference" torts. This cause of action is probably so little known because it is so darned hard to prove. While you can probably prove how one person interfered with contractual relations by showing, for example, how person A did this and that to cause persons B and C to have a falling out and breach their contract, it would be VERY hard to prove what caused a relationship breakdown. There are so many factors. Unless you have strong evidence, I'd say you are going on a wing and a prayer and that is NOT good in court.
As for the threats to have a person put into jail, just make sure there is no conduct of a criminal nature and that he stays away from people who are engaging in criminal conduct and you will have little to fear. If the threats from the family persist, you may want to go to the police and see if they would have a talk with the family. You can tell the police that if they can help the situation now, they could be avoiding problems in the future arising from (hopefully) false accusations against your husband. Threats of this sort could be seen as blackmail, which is a criminal offense.
Lastly, do you think a family mediator could help the situation? This suggestion may be very naive, as I don't know the facts, but at least in theory it may help to put everyone together with someone who is trained in "getting to yes."
Best of luck!
2007-03-05 11:33:23 · answer #2 · answered by Eric W 3 · 0⤊ 0⤋
Check your state's law, in some states You can file a complaint against them for interfering in your marriage, as a third party, just as you would against a woman or man who is complicit in an adulterous affair, that may result in the break up of a marriage! He has to be willing to co-operate with them, since he is not under age or if he is a wimp, chalk it up and say good riddance to bad news...Good luck.
2007-03-05 03:22:55 · answer #3 · answered by ShadowCat 6 · 0⤊ 0⤋
Its not a tort persay but your only chance is one of the "heartbalm" offenses. You can argue alienation of affections if you state still subscribes to this. You have you argue that a 3rd party caused your marriage you fail when both you and your spouse still had love and affections for the other.
2007-03-05 14:07:41 · answer #4 · answered by Dr. Luv 5 · 0⤊ 0⤋
Probably none. He must be a mama's/pap's boy. Sounds like you're better off without. Did you have kids with this guy? Hope not. Get on w/ your life and find a real man.
2007-03-09 15:04:58 · answer #5 · answered by claireag 3 · 0⤊ 0⤋
He is a mama's boy. It's like, for him is better to be separated with you than get a probation or go to prison. So much for love/
2007-03-05 03:59:07 · answer #6 · answered by OC 7 · 0⤊ 0⤋
family court?
I've never heard of this sort of thing before.
he must have done something bad. but if they are trying to use some kind of leverage in the court it is illegal. so you just tell them that you will uncover their little scam if they try to pull it. tell them you will go to the news station and the papers with it.
2007-03-05 03:19:06 · answer #7 · answered by Anonymous · 0⤊ 0⤋
just tell him that if they really did have any pull as they are saying that if they used it they would get in serious trouble because doing something like that is illegal.
try to sue them for harassment, or mental anguish as they are harassing you indirectly through your husband and I am sure this situation is mentally painful for you
2007-03-05 03:23:34 · answer #8 · answered by jaycee99999999 6 · 0⤊ 0⤋