which lawyer would help me sue my ex husband

by Dr. Amir Klein 9 min read

When an ex-wife alleges that her ex-husband is abusing their children and files a report with the Department of Children & Family Services – or any other child protection or law enforcement agency – the father should immediately seek legal counsel with fathers rights lawyer, such as the ones at Cordell & Cordell.

Full Answer

Can I sue my ex-husband for slander?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. Answer: You very well may be able to sue your former spouse. When someone lies and the lie hurts other people, even when it hurts only their reputations, the injured person can sue for slander and seek financial damages. In your situation, you may have an action for slander against your ex if others heard …

Do I need a lawyer to sue my ex-wife for defamation?

Oct 02, 2019 · Can I sue the other relatives that are helping my ex interfere with child custody? YES! Under Sec. 42.003 you can sue grandparents, cousins, aunts, uncles, and even other people like friends who help your ex keep your children away from you against a court order. Sec. 42.003 says: AIDING OR ASSISTING INTERFERENCE WITH POSSESSORY RIGHT.

How do I sue a lawyer for negligence?

Sep 16, 2009 · Can I sue my ex-husband for defamation of character, slander and/or libel for false statement in court responses & motions My ex-husband is constantly accusing me, trying me and convicting me in every document he writes - court motions, statements in court, responses to reconsiderations and you name it.

Can I sue my ex-wife for lying in Family Court?

Mar 28, 2013 · My response to this question is a response to a hypothetical situation based on limited facts. I am not your attorney; you are not my client and we do not have an attorney-client relationship. If you need a lawyer, you should contact one in your area. If you would like to talk with me about your case, you can call my office.

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How do I sue my ex husband?

In sum, suing your ex can be expedited by writing a cease and desist letter.In sum, suing your ex can be expedited by writing a cease and desist letter.You must outline the damages you've incurred, provide evidence, and command your ex to stop spreading slanderous rumors, or to cease contact with you altogether.More items...

Can you sue your ex husband for pain and suffering?

If your spouse has intentionally caused you to suffer emotional distress, you may have the right to file a civil lawsuit for damages. Filing a lawsuit can hold your spouse accountable for their actions and allow you to recover comepnsation.Feb 12, 2019

Can you sue your ex after divorce?

In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex's lawyer for filing a frivolous lawsuit. So, you need to be careful before you run to the courthouse with a suit in mind.

Can I sue my ex husband for emotional distress?

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

How do I sue my ex for emotional distress?

Suing for emotional damages involve the following steps:Document your distress: You must document your medical records, work records, personal journal, etc. to back up your case. ... Discuss with an attorney: Discuss the case with your attorney.More items...

Can I sue my ex for emotional distress and mental anguish?

Emotional injuries are very real. Fortunately, the law in California recognizes that fact and allows victims to recover for their mental anguish or emotional suffering. So when people ask us, “Can you sue for emotional distress in California?” the answer is yes.Jan 7, 2021

Can my ex wife claim money after divorce?

As a general rule, the money you earned during marriage is marital, and what you earned afterwards is separate. But your ex-wife can still get her hands on it in some cases.

Can you sue your ex for emotional trauma?

If someone causes you mental stress and trauma — such as anxiety or paranoia — you can sue him or her for damages under the legal theory of emotional distress. But in reality, securing damages for stress and trauma is pretty challenging. Damages are awarded only when certain circumstances are present.Dec 24, 2013

Can I sue the other woman for emotional distress?

While the Court dismissed the father's complaint for intentional and negligent infliction of emotional distress, the Court did announce that one spouse can sue the other spouse for emotional distress. However, the underlying conduct must be consistent with the definition of the alleged tort.Feb 15, 2019

Can I sue my ex husband for PTSD?

Can I sue for PTSD? You can sue for PTSD as the basis for an emotional distress claim in a personal injury lawsuit.

Can you sue if your spouse cheats?

The only tortious action a person can file now against the person their spouse cheated on them with is a claim for intentional infliction of emotional distress. Filing these actions during a divorce, or afterwards, is difficult.Oct 11, 2020

Can spouses sue each other?

Spouses can sue one another for anything for which non-spouses can sue one another. This includes a lawsuit for breach of contract or a tort action. The defense of interspousal immunity is no longer available.Mar 12, 2020

Why don't pro se litigants use pro se?

And a pro se litigant might not know to use it because it conveniently is not mentioned anywhere in the section of the code that people use to fight for child custody in the first place, and is not mentioned in the enforcement or contempt sections of the code, or the penal codes for kidnapping or interference with possession.

What is irreparable harm?

By the time you get through this your health has suffered, the children’s health suffers, and nothing can repair the harm that not enforcing the orders has caused. This is what they call irreparable harm. When this is the case, there may be nothing else a court can do but award you some money for the damages.

Can you enforce a court order?

It can be impossible to enforce your order the traditional ways the attorneys have been using, whether you can afford it or not. It takes a very long time and can be very expensive. It is also very technically difficult because it is quasi-criminal.

Why do people file for divorce?

According to the recent survey of 191 Certified Divorce Financial Analysts, most people file for divorce because of basic incompatibility (43%), infidelity (28%), and financial issues (22%).

What happens when a relationship falls apart?

If your relationship is falling apart, the chances are there will be tension and conflict. Heated discussions and raised voices are somewhat expected, but some quarrels can escalate even to the point of physical violence.

How long is a harassment injunction?

Injunction against harassment. 6–12 months in jail. A fine of up to $2,500. When it comes to legal protection, the best advice is to research your state laws as most protection is available on that legislation level.

Which state has the highest divorce rate?

The state with the highest divorce rates is Arkansas, while North Dakota is at the bottom of the list.

What are some examples of harassment?

The most common examples are: Yelling followed by insults. Attacking your self-esteem. Getting angry in a frightening way.

Can verbal abuse be proven?

Verbal abuse can have severe consequences for the victim, but since it doesn’t leave visible physical results, it is not easy to prove. If your ex makes threats of physical violence or hurts you, harassment claims grow much more substantial. This example extends to sexual harassment, which often exists alongside physical violence in relationships.

What is DoNotPay?

The goal of DoNotPay is to fight those battles for you. You are several mouse clicks or finger taps away from making those problems disappear in an instant from the comfort of your home.

What is the statute of limitations for emotional distress?

Importantly, emotional distress claims have a time limit in which they must be brought, known as a “statute of limitations.”. Thus, it is important that you consult with an attorney immediately in order to make sure that your claims are brought within the time limit specified by your local jurisdiction. A typical statute of limitations period ...

Why is it important to use an expert witness?

This means that the use of expert witness is often necessary to help prove to a court that you both suffered an actual injury and the amount of damages that resulted from that injury. Because of the use of expert witnesses, suing for emotional distress is often very expensive.

What are the different types of emotional distress?

As noted above, there are two main types of emotional distress claims. The different types of claims available for emotional distress include: 1 Negligent Infliction of Emotional Distress: This claim for emotional distress occurs when a defendant’s actions are accidental or unintentional. However, there must still be a causal connection between the defendant’s action and the emotional distress the plaintiff suffers. For instance, cases where a person witnessed the death or injury to their family member from a drunk driver may qualify for negligent infliction of emotional distress; and 2 Intentional Infliction of Emotional Distress: This claim for emotional distress occurs when a defendant’s actions are intentional or reckless. For example, an employer having you fired and escorting you out in handcuffs may be humiliating, that treatment would likely not rise to a level of intentional infliction of emotional distress.#N#However, a case where you have been diagnosed with post traumatic stress disorder due to having been repeatedly subject to bullying and workplace harassment, and your employer knew but took not action, may be likely to succeed.

Can you sue for emotional distress?

It is important to note that in most cases, you may only be able to sue for emotional damages if the incident in question resulted in physical harm. However, as of June 2019, some courts have recognized a right to award monetary damages for emotional distress claims without a showing of actual physical harm in cases of sexual harassment ...

Can you recover damages for emotional distress?

It is often very difficult to recover damages for injuries that resulted in emotional distress. Unlike a broken bone or other physical injury, it is often hard to definitively prove your injuries. Thus, it is important to understand the different types of emotional distress claims that you may make before attempting to file a lawsuit based on ...

What is zone of danger?

In legal terms, the zone of danger is the area within which one is in actual physical peril from the negligent conduct of another person. This means that often in order to recover for emotional distress, you must either be directly injured yourself or you were also in danger of physical injury. For example, if you were in a car wreck ...

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