I have an issue I am dealing with and I need help. My wife had me arrested and her order of protection lasted a year in a apartment that was mine. This devastated me. Me and my daughter was displaced and we had to live with other family. Now the case is dismissed, I have sole physical custody of my daughter and, even though my wife filed for divorce, she now finds herself with no place to go. My step-son failed all of his classes because of the effect of his step-father not being there to give him the consistent support he was always given. I don't want money but is it possible to sue for the pain and suffering I endured after being displaced along with my daughter? Even though it wasn't illegal, she committed adultery in the marriage, introduced the person to the family, knowing that this person had been arrested on drug charges. Are these matters I can discuss while looking for pain and suffering lawsuit?
Unlikely that her actions, albeit despicable, are a basis for a pain and suffering action.
Pain and suffering = monetary compensation. Even in Biblical times an eye for an eye meant you had to become someone's eyes for them. No Seinfeld "Butler" episode here.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
Hard to see any sort of a cognizable claim here, false arrest/malicious prosecution maybe, but what are your damages.
There is no question that you have been put through extended psychological trauma and that you are still under a lot of stress. Anybody in your position would need counseling to help get through this and I hope that you do have support. But in my opinion, a lawsuit would not be the answer here. First, the legal theories would be difficult to manage (abuse of process, intentional infliction of emotional distress) Second, it would be hard to calculate damages; it's hard enough to figure out how much to award someone who has gotten his leg broken, and there we are dealing with x-rays, doctors reports, objective medical findings, etc. Then there is the question of legal fees, you'd be talking about thousands, possibly tens of thousands. Finally, with affidavits, motions, depositions, etc. you've be re-living this over and over again for years, and I don't think that would be helpful for your situation.
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