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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37885
Experience:  I provide family and divorce law advice to my clients in my firm.
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Can I sue my ex for fraud, defamation, intentional infliction

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Can I sue my ex for fraud, defamation, intentional infliction of emotional distress, false light and abuse of process for filing a false restraining order? He filed a FAPA and used it against me for a year to prevent/restrict me from seeing my children.
He used the system in our community for child exchanges for a year, costing them money.
He had me jailed for driving by his house, but asked that all charges be dropped and removed from my record when he realized it could affect my earning ability (license to practice).

He filed a false sexual abuse allegation and stated in it "he had concerns about the mother because he had a FAPA against me". It was dismissed.

He prevented me from volunteering or even entering our children's school. Ruining my reputation at their school.

He filed an immanent danger to our children against me based on the restraining order. It was dismissed.

He called 911 9 times over a year to report "sightings" and other frivolous things. Unfounded.

Ultimately, I spent over 50k and hired a custody evaluator who sided in my favor and I won sole legal and physical custody.

The sole purpose of his restraining order was to attempt to get full legal and physical custody of our children for financial reasons (I make considerably more money than him). His attorney at one point emailed mine that and I quote "It would be extremely detrimental to my client's position if his wife were to lose her license and/or job." Proving his motive for financial gain.

The judge in the divorce/custody trial did in fact determine that his restraining order was used punitively and his renewal of it was dismissed. This was stated in the sentencing portion of our trial.

We are newly divorced as of last month and I would like to pursue a case for damages. Where can I find an attorney in Oregon? And what kind of attorney would I be seeking?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

This is a fairly complex case and I am truly sorry to hear that you are in this situation. What, if anything, have you tried to retain counsel at this time?
Customer: replied 1 year ago.


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.

Expert:  Dimitry K., Esq. replied 1 year ago.
Darcy,

Before I respond, are you seeking a realistic estimate of your chances based on each of the claim you listed, or are you seeking counsel? If I provide you with your chances, I will do so based on my professional expertise, knowledge and research, and I just want to be sure that if the information is not quite as you hoped, it would be what you wish to hear. I am asking to ensure that I will provide you exactly with what you are seeking in this case, thank you!
Customer: replied 1 year ago.


Dimitry-


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.

Expert:  Dimitry K., Esq. replied 1 year ago.

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 plaintiff
2. termination in plaintiff's favor
3. 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.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37885
Experience: I provide family and divorce law advice to my clients in my firm.
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