Is there a statute of limitations in filing a civil suit for damages against a former spouse who was arrested, charged and
pleaded guilty to two counts of felony invasion of privacy for using a spycam to video tape and record his step child in various stages of undress in the bathroom and bedroom of our home? This was discovered in 2009 and he was sentenced in 2010. I am considering a suit for damages including emotional distress on behalf of my child (who is now an adult), my other children and myself.
Answered Actions for invasion of privacy in New Jersey are governed by New Jersey's statute of limitations, which is N.J.S.A. 2A:14-2. This statute generally provides that a lawsuit must be filed within two years of discovery of the offense. However, N.J.S.A. 2A:14-21 permits tolling of claims that belong to minors, and generally allows a lawsuit to be filed within two years of your child turning 18.
These are the general rules that apply, and the specific facts of your case may affect this advice. You should consult with an attorney as soon as possible so that your rights are not prejudiced by a failure to act timely.
DISCLAIMER: This information is provided solely for educational and informational purposes, and does not constitute legal advice. Please understand that no attorney-client relationship is formed by this post or your communications with me, and please do not send me confidential or privileged information. You should obtain professional assurance that the information provided is appropriate to your particular situation by consulting an attorney who is actively engaged in this area of the law and who is admitted to the bar in your jurisdiction. If you are seeking such an attorney, you may wish to consult a state or local bar association or use an online directory of lawyers, such as Martindale-Hubbell.
Answered There is a two year statute of limitations. The statute would run from when the child reached the age of 18.
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If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.