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  1. #1
    helmsbl is offline Junior Member
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    Can I sue him for mental anguish?

    What is the name of your state? Florida
    My question is can I sue him for grief, pain & suffering and mental anguish?
    We are not divorced yet but I filed for divorce in August 2005 and alot has happened since then. He and his oldest daughter hacked into my email accounts, changed my passwords, went into business accounts of mine online and changed information...he has also stolen the furniture my mother left me when she passed away...he has paraded my dead sisters grave marker in the back of his truck when we exchange the children...he constantly calls and leaves harrassing, threatening, intimidating messages on my answering machine...he calls me very bad names in front of our 3 & 4 year old children...he constantly badmouths me to them to the point I have had to put them in counseling...he repeatingly verbally abuses me...has tried to sideswipe my car...he doesn't return the children when he's suppose to...when he has them and I try to call them he won't answer the phone and then calls back collect so I will have to pay for the call. He is a very hateful, bitter person and wants me to suffer. And I am. Not sure how much more I can handle...my lawyer tells me to just ignore him and I have but he just won't stop. What are my rights?
  2. #2
    BelizeBreeze is offline Senior Member
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    You're kidding right?
  3. #3
    helmsbl is offline Junior Member
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    No, I'm not kidding...I am VERY serious and am asking for advice
  4. #4
    BL
    BL is offline Senior Member
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    Let your Lawyer handle it in Court .
  5. #5
    LdiJ is offline Senior Member
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    Quote Originally Posted by helmsbl View Post
    What is the name of your state? Florida
    My question is can I sue him for grief, pain & suffering and mental anguish?
    We are not divorced yet but I filed for divorce in August 2005 and alot has happened since then. He and his oldest daughter hacked into my email accounts, changed my passwords, went into business accounts of mine online and changed information...he has also stolen the furniture my mother left me when she passed away...he has paraded my dead sisters grave marker in the back of his truck when we exchange the children...he constantly calls and leaves harrassing, threatening, intimidating messages on my answering machine...he calls me very bad names in front of our 3 & 4 year old children...he constantly badmouths me to them to the point I have had to put them in counseling...he repeatingly verbally abuses me...has tried to sideswipe my car...he doesn't return the children when he's suppose to...when he has them and I try to call them he won't answer the phone and then calls back collect so I will have to pay for the call. He is a very hateful, bitter person and wants me to suffer. And I am. Not sure how much more I can handle...my lawyer tells me to just ignore him and I have but he just won't stop. What are my rights?

    Well...one thing I would suggest is calling the police about the fact that he has dessicrated a grave. That is a crime and has nothing to do with your other issues.
  6. #6
    Ohiogal is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    Well...one thing I would suggest is calling the police about the fact that he has dessicrated a grave. That is a crime and has nothing to do with your other issues.
    That is only if the grave marker was on the grave and he took it. It may not have gotten there yet.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  7. #7
    Ohiogal is offline Senior Member
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    Quote Originally Posted by helmsbl View Post
    No, I'm not kidding...I am VERY serious and am asking for advice
    You have entered the wonderful world of divorce. You do not have a case for mental anguish. You have a case for divorce and if there are court orders then contempt of court maybe. But not mental anguish.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  8. #8
    jorton56 is offline Member
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    Abusive XtoB

    Do you have tapes of these calls? Keeping a log of all of these calls and the nature? Have you thought about a TRO? Asked your atty if maybe it would be better to exchange kids at a children's service or police station? You can do things to minimize any runins w/him. Why leave yourself open to this?
    I find it hard to believe your atty would say to just "ignore" all of this. Sounds like a mother telling us that it hurts them more if you ignore them than to respond. Bologne. Bullying is wrong. Period. Find ways to lessen any confrontations w/him. You say you have had or do have your children in counseling? Has the counselor said that it is detrimental to the children's wellbeing to be hearing that abuse directed at you? Get it in writing and get copies of the tapes then maybe you can convince CPS to help you (since it doesn't look like your atty is acting in your best interest or that of your children) set up visitation restrictions against him. Does your state make use of a Court Appointed Special Advocate? You may want to ask your atty to petition the judge for one for your children.
  9. #9
    bryan.hollister is offline Junior Member
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    Document, Document, Document

    Jorton made a very good point. A female aquaintance of mine was dealing with a mentally abusive ex, and he was foolish enough to leave voice messages with threats towards both her ANd her children. Don't know for sure about Florida, but in TN the recordings were enough for her to have a restraining order sworn out against him. It is possible that you could have the children removed from his custody and placed temporarily in yours until the divorce is heard in court. IF there has been no provocation on your part, or participation in the same type of behavior. And contrary to other comments here, there ARE cases that deal with mental abuse along the same lines as physical abuse. Much harder to substantiate, mind you, which is why you have GOT to document each and every event that occurs. Also, I would imagine that most states (I know mine does) have child custody laws that prohibit custodial parents from using derogatory language to and about the non-custodial parent in a minor child's presence. Document those as well, even if it means tkaing copious notes of each occurence. the side-swiping incididents could be considered assualt; if it happens again, file a police report and create a paper trail. Will all of this work? Never know, I am intimately familiar with a case in which the mother was physically beaten, mentally abused, and STILL lost custody of her kids. Call it a travesty of justice, but they do occur, so be prepared for a fight if this is how he is acting now...
  10. #10
    Ohiogal is offline Senior Member
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    Quote Originally Posted by bryan.hollister View Post
    Jorton made a very good point. A female aquaintance of mine was dealing with a mentally abusive ex, and he was foolish enough to leave voice messages with threats towards both her ANd her children. Don't know for sure about Florida, but in TN the recordings were enough for her to have a restraining order sworn out against him. It is possible that you could have the children removed from his custody and placed temporarily in yours until the divorce is heard in court. IF there has been no provocation on your part, or participation in the same type of behavior. And contrary to other comments here, there ARE cases that deal with mental abuse along the same lines as physical abuse. Much harder to substantiate, mind you, which is why you have GOT to document each and every event that occurs. Also, I would imagine that most states (I know mine does) have child custody laws that prohibit custodial parents from using derogatory language to and about the non-custodial parent in a minor child's presence. Document those as well, even if it means tkaing copious notes of each occurence. the side-swiping incididents could be considered assualt; if it happens again, file a police report and create a paper trail. Will all of this work? Never know, I am intimately familiar with a case in which the mother was physically beaten, mentally abused, and STILL lost custody of her kids. Call it a travesty of justice, but they do occur, so be prepared for a fight if this is how he is acting now...
    Amazing that you seem to know everything now. YOu went from posting and fighting with the attorneys that answered you to suddenly knowing everything. The description she described is NOT going to get her a lawsuit for mental anguish. Nor does it fit the description of mental abuse. As for a mother being abused and losing custody to the abuser -- abuse of a mother is SEPARATE from abuse of the children. Filing a police report during a divorce will not get her very far. Courts know that many people play games and pull the domestic violence card so unless she has proof -- CONCRETE SOLID PROOF OF ABUSIVE BEHAVIOR -- it will get her nowhere except chastised by the court.
    It is very difficult to enforce statutes that state one parent cannot speak negatively about the others -- yes it is included but very difficult to enforce. And her stbx leaving threatening voice mails IS NOT mental abuse. It could be menacing. Or even assault. But not mental abuse. AGAIN she has no claim for mental anguish.Why don't you learn the law and learn what is being asked.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  11. #11
    Shay-Pari'e is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Amazing that you seem to know everything now. YOu went from posting and fighting with the attorneys that answered you to suddenly knowing everything. The description she described is NOT going to get her a lawsuit for mental anguish. Nor does it fit the description of mental abuse. As for a mother being abused and losing custody to the abuser -- abuse of a mother is SEPARATE from abuse of the children. Filing a police report during a divorce will not get her very far. Courts know that many people play games and pull the domestic violence card so unless she has proof -- CONCRETE SOLID PROOF OF ABUSIVE BEHAVIOR -- it will get her nowhere except chastised by the court.
    It is very difficult to enforce statutes that state one parent cannot speak negatively about the others -- yes it is included but very difficult to enforce. And her stbx leaving threatening voice mails IS NOT mental abuse. It could be menacing. Or even assault. But not mental abuse. AGAIN she has no claim for mental anguish.Why don't you learn the law and learn what is being asked.
    He's from the special ISAFBI club? You know, the ones that give you out a free sticker for your car.

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