Personal injury lawsuit for emotional damages, loss of income, slander?

Asked over 1 year ago - Pacific Palisades, CA

ex- husband illegal accessed my computer and stole a letter from diary (Judge acknowledge stolen in court), letter given to Child services; kids taken away, used letter to get restraining order against me, defend myself in Family and Child Services court; both courts have ruled in my favor with restraining order against him now.

He has Shown document to my professional network, which was my best chance of getting a hi paying job as been stay at home mom last 6yrs.

lawsuit emotional damages, loss income? My network was best chance of getting a good high paying job? Slander - showing letter to my friends and professional network?

Attorney answers (5)

  1. Herb Fox

    Contributor Level 16

    5

    Lawyers agree

    Answered . As awful as this has been, the courthouse is not your answer. There are rules against the type of legal claims you are suggesting, and if you go ahead your ex can hire a smart lawyer who will know how to not only stop your claims, but get a judgment against you for his attorneys fees.
    I recommend that you consult with an attorney, but ask about your potential liability for an anti-SLAPP motion, The attorney will understand what you are asking about (or should).
    Best of luck.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more
  2. Joshua Thomas Edlow

    Contributor Level 8

    3

    Lawyers agree

    Answered . You should call some of the personal injury attorneys in your area. The issue is collecting a judgment in this situation. Most of the personal injury attorneys I know tend to focus on physical injuries with accompanying economic and noneconomic damages because of the availability of insurance coverage to pay the judgment. Unfortunately, most people do not have sufficient assets or funds to pay a significant judgment.

    This sounds like a very personal situation and I'm sorry for the circumstances that led you to post on this site.

  3. Panda Lynn Kroll

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Unfortunately, the litigation privilege generally immunizes the parties from defamation lawsuits based on communications in the course of a legal dispute. Should you be inclined to file a defamation or emotional distress lawsuit that is based on such communications, you could be saddled with paying your ex's attorney fees in his defense of that lawsuit. Please see my white paper on anti-SLAPP below to get an idea of your exposure.

    This answer is not a substitute for legal advice and it does not create an attorney-client relationship.  Seek the... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . More information is needed to evaluate. You can call one of the above lawyers in your state to discuss in detail.

  5. Andrew Daniel Myers

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with the other answers you have received from the good AVVO attorneys. My contribution is an article on the emotional distress component. The way we use the words 'emotional distress' in conversation and a legal claim for emotional distress are two different things. [Blue-Link-Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more

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