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Intentional Infliction of Emotional Distress Law

Intentional infliction of emotional distress (IIED) is a relatively new type of tort claim for conduct that is intentional in nature and results in great emotional suffering. Listed below are a few questions about IIED that have been answered by Experts.

My husband met a woman on Adult Friend Finders who is much younger than I am and has been sleeping with her for four years. He has now left me to be with her. After a 28-year marriage, I am suing him for adultery. I’d like to know if there is an alternative lawsuit to “alienation of affections” as this isn’t recognized in Ohio.

You could try and sue him for intentional infliction of emotional distress (IIED). IIED could be used against a third party for behavior that leads to the break up of a marital relationship, even in states that do not recognize alienation of affections. However for a successful IIED claim, the suing party needs to prove the following:
• Intentional or reckless conduct
• Extreme or outrageous conduct
• Emotional distress was caused by the wrongful conduct
• The presence of severe emotional distress

Having said this, the courts will approach IIED claims with regard to marriages with caution and it is considerably tough for an aggrieved spouse to prove outrageous conduct to the court.

I live in Utah and my ex-wife and her boyfriend continued to have a secret relationship during the 16 years I was married to her. I have physical proof of this. Would I have a legitimate claim to alienation of affections?

You might. Utah does recognize alienation of affections. In addition, you could also possibly claim IIED as well.

For a successful IIED claim, the suing party would need to prove the four elements mentioned above. In addition, you would need to hire a lawyer to send a demand letter and file suit. Claims in certain cases have even extended to over $500,000, so having the details checked by a lawyer would be best. You could find lawyers at legalmatch.com

I have proof that my ex denied me all court ordered visitations to see my child for months and manipulated her into stating that she is afraid of me and doesn’t want to see me. I want to sue for IIED.

Question Continued: There are few things I would like to know:
1. For an IIED case, what is the general dollar amount that a NJ family court would order?
2. What amount does a NJ family court order if I choose to sue for contempt of court?

What your ex has done may not be not sufficient cause to file for IIED. In addition, when your visitation rights have been denied and you file for contempt of court, the court might just award you attorney fees and nothing more. If you have a witness present to prove the denial of visitation, it could add more strength to your case.

I want to sue the father of my baby for emotional distress. What is the maximum amount that I can sue for?

You could sue him but it is a difficult process. The tort that you have in mind is either about the intentional infliction of emotional distress, which would require you to prove that he was hurting you intentionally, or the negligent infliction of emotional distress wherein you would need to prove that his actions would severely distress the average person. Either way, damages are tough to prove.

Being at the receiving end of emotional distress can be very difficult to bear. Yet to make a claim for IIED, there are certain parameters that need to be met. When faced with an adversary proceeding case, get all the information you need online by asking Experts.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9396
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
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2 Family Lawyers are Online Now

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    Ask follow up questions if you need to.
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    Rate the answer you receive.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent IIED Questions

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