I am in the process of retaining counsel (again) because he filed an appeal on our divorce. He also filed a motion for temporary sole legal custody while the appeal is ongoing, which I plan on objecting too. I have not formally hired anybody as I just received this in the mail yesterday.
I have been researching this online only. I have not retained counsel for this tort case, but I want to if I have a chance at winning. The use of the restraining order to win custody and to punish me was so obvious in his motive for financial gain that the judge in our divorce/custody trial said it to be so and I was awarded sole custody. He was particular disturbed by his restrictions placed on me restricting me from their school. Our children were never in danger.
I am not sure what I can actually sue him for.I don't necessarily want to sue on all those charges. I am quite confident that he did in fact abuse the restraining order for personal gain, though I am not very familiar with what charges I would seek in a claim against him. Even if I sued for damages on one of the charges, I would be interested in knowing my chances of success. I believe he is clearly guilty of abuse of process and intentional infliction of emotional distress. I also want to point out that in researching this I learned that the matter is NOT res judicata. Of course I am seeking counsel, but that would be based on a realistic estimate of my chances of success in this case.
Darcy,Thank you very much and fair enough with your explanation. I simply wanted to make sure that you wanted just that, reality, as that is really how I tend to approach such questions.Please allow me to go down the line:It may be possible to pursue a claim for wrongful civil proceedings. The factors that are part of this claim are:1. institution of civil or criminal proceedings against the plaintiff2. termination in plaintiff's favor3. absense of probable cause (for criminal cases) or legitimate liability (for civil cases) for the proceedings.4. improper purpose &5. damages.It does appear that you have that type of a claim, at least based on preliminary review What concerns me is the second point--since the TRO was put in place for a year, it may be claimed that it wasn't terminated in your favor, although I still see it as potentially successful.Fraud will be tough, as would defamation. Defamation only has a 1 year statute of limitations from date the statements were made, so you may be beyond the statutory period. Similarly, intentional infliction of emotional distress by itself would be hard to pursue--the cause of action requires extreme and outrageous conduct with excessive mental damage that may even have physical manifestations. I just do not know if the damage was severe enough here. It may be a potential add-on to the first cause of action, but this would have very limited success.Hope that helps.
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