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What factors/proof do I need to sue a person for emotional distress?

Madison, WI |

My ex continuously eggs me on making rude comments, making up lies, filing court motion after court motion, and has walked the line just enough to not be able to be ticked by the police department. He also uses our child as a pawn in his mind games. I have been told that his actions do not qualify as disorderly conduct. Does anyone have any suggestions or recommendations for the type of attorney that would handle this type of scenario? I have hundreds of emails as proof and a numerous police reports to back up my claims.

Attorney Answers 5

  1. Sounds like you need a family law attorney to intervene.

  2. I agree that you should contact a family law attorney. Though you could attempt to bring a claim against him for intentional infliction of emotional distress, you would need to show that you've suffered severe emotional distress and that his conduct is so egregious that it should not be tolerated in a civilized society. While it sounds like he is harassing you and he's most definitely causing you distress, it is a hard to standard to meet. I suggest you talk to a family law attorney and look into a restraining order.

    Joe Larson

    This answer is for information only. It does not constitute legal advice. This answer does not constitute, nor do they create, an attorney-client relationship between Joseph A. Larson Law Firm PLLC and any receiver. This site is governed by a Site Use Agreement that you accept by reviewing these pages. The information provided on these pages is general only, and you should not act upon this information without consulting with an attorney.

  3. Sounds like your ex is a jerk. Unfortunately, he is a jerk with whom you have a child, and as you have discovered, being a jerk is not a crime. Baseless motions should be dealt with by your family lawyer, who can pursue sanctions in family court. Filing a separate lawsuit is just going to give this jerk another forum in which to subject you to his offensive personality. The time and money involved would be better spent getting you and your child some professional assistance in dealing with the emotional stress. Good luck.

    This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.

  4. Family law attorney. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low fee. Good luck.

  5. Use the AVVO 'Find a Lawyer' tool bar and select a family law attorney or two and get a free consultation and ask questions and allow the attorney's to also ask question so that hopefully one of them can assist you.

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