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Re are a number of statues that use the term "bodily harm"

re are a number of...
re are a number of statues that use the term "bodily harm" or "harm to the individual", "attempt to harm" etc. for example if Jack and Jill were married and Jack has serious illnesses - one is a severe case of narcolepsy which she knows from all their years of marriage has a well established emotional link to the condition. If Jack gets stressed he losses the ability to sleep and emotional triggers can cause one to collapse or become catatonic. Right after Jack discovered Jill was having an affair, she would text and skype with her boyfriend in front of Jack. It causes so much stress that Jack pleads with Jill not to carry-on her affair in front of him as it is destroying his health. With that knowledge, Jill steps it up a notch and Jack sleeping disorder if out of control as Jill knew it would be. Jack eventually has a life threating heart attack, a kind not caused by a clot but by the arteries of the heart constricting due to stress. The heart attack does the same, stops blood from going to the heart and heart tissues dies. Jack leaves Jill to protect his life but being apart doesn't stop her as she continues to file court cases against him, knowing he has no money; Jack is on disability due to his narcolepsy. Over the next eight years she knows the more she files the more his condition will worsen. It's like shooting fish in a barrel. Her attorney knows this first hand as he has witnessed it. After Jill and her attorney held a mediation session without Jacks knowledge, they then filed an OSC claiming he agreed to go didn't attend saying he just “thumbs his nose at the Judicial system.” The attorney blatantly lied to the Judge and Jack was so shocked and traumatized that Jack again found himself in the hospital with his kidneys shutting down and a heart problem diagnosed as either a panic attack or another mild heart attack due to arterial constriction. Jack asked a Judge to force Jill that she has to do mediation before filing any actions to go to court, the Judge so order her but she and her attorney continue to file. Last time I asked the Judge to hold thm in contempt but he didn’t. Once again, Jill is having her attorney write several threatening letters to Jack stating he will file more OSC and push for jail time unless he pays about $20,000 to Jill that has been assessed in attorney’s fees every time Jill goes to court and Jack has to go Pro Se. Jack always loses each time he has to attend a hearing as he is no match for a seasoned dishonest attorney. For those with narcolepsy, stressful situations such as being in court can cause mental confusion and the inability to organize thoughts. Jack is pinned with no money to hire an attorney and both Jill and her attorney know he does not have the ability to pay but that doesn't stop them and it is harming Jack’s health at an accelerated pace.My Questions are:Q1: Could statutes that talk about a person or persons engaging in intentional or neglectful acts that cause another bodily harm be used even though it’s a slower process than an obvious punch to the nose?Q2: If an attorney has full knowledge that there are several court orders stating that Jill is to attend Mediation before filing with the court and he does it regardless of the order, is he criminally liable for harm caused to Jack?Q3. How is this not domestic violence?Thanks
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Answered in 8 minutes by:
3/21/2018
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 125,898
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

  1. I am afraid that stress caused by intentional bad conduct of having an affair or filing legal pleadings or sending lawyer's letters, even though they cause Jack physical damage because of his disability, those are not direct infliction of harm cases as contemplated by the assault statutes. Thus, legally it is not an assault in the eyes of the law, although I understand what you are getting at about Jill's conduct intentionally inflicting emotional distress.
  2. If there is a court order saying mediation is required before filing in court, then this would be contempt of court and Jack could file a motion for contempt and seek sanctions against Jill and her attorney for going to court without going to mediation first.
  3. Unfortunately, because this is part of divorce litigation, it is not domestic violence, even though I do understand her conduct causes such stress that it makes Jack's disability worse, it just is not under the definition of assault or battery required for a domestic violence case.

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Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 125,898
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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