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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience:  25 years experience as practicing attorney
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can i sue my mother for mental anguish , harassment, and false

Customer Question

can i sue my mother for mental anguish , harassment, and false arest
Submitted: 4 years ago.
Category: Family Law
Expert:  Dave Kennett replied 4 years ago.

-Could you explain your situation a little more?
Please explain exactly what happened so that I can determine if you have a cause of action.

How old are you?

Customer: replied 4 years ago.
For years my mother has been falsely reporting me to Child Protective Services for my three daughters. Her claims have all been unfounded, and following my two daughters moving away to college she has been looking for different ways to harass me. I don't have any contacts with her, but for years she has sent me letters, up to twelve pages long with threats of deportation and verbal abuse. I have kept all the letters. Following a restraining order, which she sought, she shows up to my household and around my children. A recent court appearance that we both had she accused me of hitting her, which got me arrested for a day before I release because of a lack of evidence. This charge still remains on my record, and every time I try to go to court to deal with the matter she does not show. Because of this I am unable to work in health care, a career path that I have over ten years of experience in. A recent letter this holiday season, along with her accusing me stalking her (which is very untrue) has caused me to finally seek legal justice. My relatives and I strongly believe my mother has mental/emotional issues because of her erratic and cruel behavior. By the way I am her only daughter, and my children whom she caused much embarrassment, by showing up at their schools uninvited (as well writing school officials letters of false abuse), are her only grandchildren. I recently turned 40 years old on December 30, 2009.
Expert:  Dave Kennett replied 4 years ago.

DearCustomer- It sounds like your mother has a definite mental problem based on these facts. I'm surprised you haven't asked for a restraining order against her for all of this as that is what I would recommend. You can also file a libel or slander suit and a suit for intentional infliction of emotional distress.

 

You definitely have several causes of action you can allege in a civil suit plus, as I said above, you should get a restraining order filed against her. It appears you have several witnesses to corroborate your claims. I don't know what type of court hearing you are referring to where she doesn't show but if she fails to appear in court you can obtain a default judgment in any action.

 

Dave Kennett

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