Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I wanted to see if I could sue an ex boyfriend of emotional distress. He cy…

Customer Question
I wanted to see if...
I wanted to see if I could sue an ex boyfriend for infliction of emotional distress. He cyberstalked me and located the name of the person I was then seeing. He then sent him defamatory emails. That was May 29, 2013 in California.
He came into my apartment in February 2013 when I was sleeping with my then boyfriend. I laid in bed terrified when I heard the door open and only later found out it was him.
Submitted: 3 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 hours by:
6/3/2015
Family Lawyer: Lucy, Esq., Lawyer replied 3 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.
I'm sorry to say, it's too late to sue your ex-boyfriend now. When this happened, you would have had a claim for defamation of character, and likely IIED if this was something that happened repeatedly.
The statute of limitations for defamation is unfortunately only one year from the last time he sent a defamatory email or repeated negative, untrue statements about you. Cal. Code Civ. P., Section 340. The statute of limitations on intentional infliction of emotional distress is only two years. Section 335.1.
However, the statute of limitations for trespass is three years from the date of the incident. Cal. Code Civ. P., Section 338. So you could still sue for the entry into your apartment while you were there, in the middle of the night. The judge has total discretion when deciding how much to award. If nothing was physically damaged, they usually give a nominal award (which could be less than $100 - there's just no way to know). The suit would have to be filed in California, though, and you're not allowed to seek the costs of traveling to the trial from your ex-boyfriend. But if you're planning to visit California at some point, you may be able to file a couple of months in advance and request a trial during that time (talk to the clerk of the court before doing that to see).
I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.
Good luck.
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Attorney with experience in family law.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My husband's son is in prison for 5 plus years. There is a
There is a grandchild iinvolved. Would it cost much to petition the court for grandparent visitation … read more
Sue
Sue
Juris Doctorate
523 satisfied customers
A 40-year old child has recently been granted custody over
A 40-year old child has recently been granted custody over his 70-year mother with alzheimers. He filed a motion on her behalf to seek unpaid child support from his father. Isn't this barred by SOL? … read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,443 satisfied customers
I need to extend my hearing date in Paso Robles.California.
second opinion] I need to extend my hearing date in Paso Robles.California. What forms do I need to file with the court?… read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
I need a lawyer to represent a patient in a nursing home who
I need a lawyer to represent a patient in a nursing home who is being abused, neglected etc... I am his financial reprentative and need to move him out of the nursing home to be close to be close to f… read more
Ray
Ray
Lawyer
Doctoral Degree
32,970 satisfied customers
I have a question. I filed a petition for a divorce. The
I have a question. I filed a petition for a divorce. The respondent responds : Respondent prays she be granted all relief to which she is entitled to in equity or at law. Respondent prays for general … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I live in Lexington, and my divorce was final over 2 years
I live in Lexington, Ky and my divorce was final over 2 years ago. Several years ago, my ex brought a curio cabinet into my home filled with World War II memorabilia from his late father. He has not m… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,176 satisfied customers
Can charges be made on a 29 year old man who has sex with a
Can charges be made on a 29 year old man who has sex with a 16 year old girl in Mississippi? … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
32,264 satisfied customers
I had a mental breakdown Friday April 13th. I was in severe
I had a mental breakdown Friday April 13th. I was in severe stress and attempted suicide, my wife was hurt and I have little to no memory of that night. My wife called 911 or I would have bled to deat… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I am the executor of my sister's estate. Filed with court
I am the executor of my sister's estate. Filed with court for small estate,less than $10,000. No real estate(RENTED) and no automobile. Now ready to file in NC. Affadavit form AOC-E 204 . Under proper… read more
Jessica B
Jessica B
Juris Doctor
1,270 satisfied customers
An ex spouse took daughter by making false allegations in
An ex spouse took daughter by making false allegations in order to obtain ex parte temporary emergency orders for sole custody. After leaving the state of AZ, daughter is taken to FL. The allegations … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,855 satisfied customers
To be clear, is it true that even while a Judge has ruled
To be clear, is it true that even while a Judge has ruled not to terminate our granddaughter's biological father's rights due only to the fact that he has a job (his third job in 8 months) and a roof … read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
I took legal garldineship of 2 boys I was fosterin for 5
I took legal garldineship of 2 boys I was fosterin for 5 year, These boys were on disablity ssi. ,II was told because I was relate to them, be I am not at all,The benefit I got for 2017 have to pay it… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was wondering if i was adopted and the person adopted
i was wondering if i was adopted and the person adopted which is dead now and i was receiving ss money starting 2011-2013 but i was young 15-16 and now im 23 i wanted to know if i was entitle to some … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,786 satisfied customers
I received a petition to terminate gaurdianship from the
I received a petition to terminate gaurdianship from the bio-mother, CPS suggested I file a response but I have been unable to find the correct form to do so. San Diego Probate court … read more
Ray
Ray
Lawyer
Doctoral Degree
32,970 satisfied customers
II have been separated for about 3 years we have tried a few
II have been separated for about 3 years we have tried a few time to work it out but we have both decided that it is time to move on. the question I have is that I have moved out of state to help out … read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
Ii have a daughter who i've had since birth i'm not her
Ii have a daughter who i've had since birth i'm not her birth mother I would like to know is there any way I can get my name on her birth certificate. My husband name is ***** ***** but not mine. Me a… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
Ii have a 7 year old granddaughter in care through cps
ii have a 7 year old granddaughter in foster care through cps report I want to find a low cost lawyer to help me get her out with me … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
448 satisfied customers
II have been separated from my husband for over 5 years and
iI have been separated from my husband for over 5 years and have had our 2 children (7&11) living with me the entire time. He has told me verbally that he is going to file papers for dissolution of ma… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x