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Infolawyer
Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 1076
Experience:  Licensed attorney helping individuals and businesses.
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I want to file a Negligence claim infliction of emotional

Customer Question

I want to file a Negligence claim for Intentional infliction of emotional distress. I am emotionally distraught even after prevailing in a restraining order made by false allegations, an attempt to take away my children, imposing supervised visitation, and ultimately leaving me at a loss of over $250,000. I was a stay at home father for 3 of children while growing a staffing firm. I focused on children and business as my ex (unmarried cohabitant for 10 years) worked as teacher and went to school at nights. She had knowledge of my issues of my father leaving me when I was 6 and how my mother was not around due to a new relationship. I sought therapy for many years and she always said that I was a good father because of what I experienced as young child and understood my actions as a father and decision to stay home were based on a painful childhood of two parents not being present. i have a very strong bond with my children and they struggled through this whole ordeal. Her initial restraining order had allegations of verbal abuse and potential for physical violence as well as a father who was unstable who abused substances. She knows that fathering our children have been a therapeutic means of me working out those issues and were a motivating force in starting a business and growing it to a multimillion dollar firm in 7 years. I saved my money and also invested 200k into a property in her name. I believed since we had 2 children and her stating that i would eventually be on title when my credit improved nothing would ever happen. She knew how dedicated I was at providing and being a present father. My abandonment issues were well known to her because they projected onto kids whereby I never wanted to leave them for long periods of time. I would go to conferences that were supposed to last 3 or 4 days and come home the very next day in fear my children would feel abandoned. As my company grew I was forced to hire a medical biller at which time she stipulated that I not hire a female. I interviewed many candidates and found 1 female to be the most qualified. I hired her in July of 2013 and my ex told me to fire her or things would change. I decided I would not fire her because I needed this individual to help. In Jan 2014 my ex requested I leave the home and children I raised there which devastated me. My business was doing well and she saw my employee begin to do well financially as well. My ex began to neglect me and emotionally detach. Arguments flared about money and on August 11th of 2015 after doing everything I could to live and be with my family I wake up to a sheriff handing me a restraing order and move out order. She had filed an ex parte temp restraining order stating I she was afraid was going to be physical when I had no history of physical violence towards her. I was restrained from seeing my kids, forced to see them supervised, spent 50K on attorneys to fight these false allegations and I prevail and am granted joint legal physical custody. Upon prevailing I find that she handed the restraining order to my children's private school, soccer coaches and everybody I knew. It is January and I have lost 40 lbs, have extreme anxiety and fear, and fear her next attack on my character. The children don't want to leave me especially my youngest as I stayed home with her and formed that bond. I am in constant fear, can't sleep or eat, and can't believe that she intentionally inflicted emotional pain by all of the following:
1. Allegations of child abuse
2. Allegations of rape
3. Allegations of potential physical violence
4. Allegations of being mentally unstable
5. Incapable of taking care of children
6. Not giving me property or belongings
7. Denying me any financial interest home 200K I invested
8. Parental alienation by telling children I am a going to leave them homeless
9. 50K in attorneys fees gone
10. 20k in relocation fees of having to start all over
11. Psych and therapy visits that costed 12k
12 Constant fear, paranoia due to this outrageous restraining order that even her own parents were telling her it was wrongI feel so sick and feel she used the children to inflict the worse emotional pain I have ever experienced. I now have one of my employees drive me around and I feel as if I have to make sure she can't make any more false allegations. I don't know what to do as I want my children to be safe from parental alienation and I am in constant fear that they are feeling abandoned every time i drop them off.
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  Lucy, Esq. replied 10 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I am very, very sorry that all of this happened.

Often, when people only present a set of facts, the issues that jump out at us aren't necessarily the things you're curious about. Too often, without a list of questions, we'll wind up telling you things you already knew. With that in mind, what are your specific questions about this fact pattern? It sounds like your divorce has been finalized. Is that right?

Customer: replied 10 months ago.
We were not married
Expert:  Lucy, Esq. replied 10 months ago.

Ok, that helps. But you have a custody case that ended?

Customer: replied 10 months ago.
Expert:  Lucy, Esq. replied 10 months ago.

What type of information are you looking for?

Customer: replied 10 months ago.
do i have a negligence claim for intent to cause emotional distress
Customer: replied 10 months ago.
I would like a refund. Please refund
Expert:  Lucy, Esq. replied 10 months ago.

Negligence is for accidental behavior. Intentional infliction of emotional distress, by definition, can't be negligent, because it's done on purpose. But that's just semantics - you can sue for the intentional tort of IIED, and many lawyers who do negligence also litigate intentional torts. The false allegations that you're mentioned are grounds for a defamation claim, which is also an intentional tort. Both of these torts carry punitive damages.

I'm going to explain in more detail, which can take a few minutes. I appreciate your patience.

Expert:  Lucy, Esq. replied 10 months ago.

I was preparing your answer. Do you want me to stop?

Customer: replied 10 months ago.
Expert:  Lucy, Esq. replied 10 months ago.

I apologize that I was not able to assist you in the time you were willing to wait. Customer service can refund your deposit for you.

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