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Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 6391
Experience:  20 years experience as a civil trial and appellate lawyer
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My wife JA: The Lawyer will need to help you with this. Have

Customer Question

my wife
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: actually my wife's ex husband has abused her mentally and physically and is suffering from PTSD
JA: Please give me a bit more information, so we can help you best.
Customer: can she sue him for the medical consequences?
JA: Is there anything else the Lawyer should be aware of?
Customer: she signed a divorce decree under duress just to get out of the marriage and got a terrible settlement
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms.
Expert:  Maverick replied 1 year ago.
When [on what date] was the last act of physical or mental abuse which you believe caused the PTSD and when did she first know about this PTSD symtoms?
Customer: replied 1 year ago.
about 2009, officially its depression and severe anxiety. recently converted diagnosis to PTSD. he still abuses her physically and emotionally. we have 911 reports and now he routinely tortures her by not allowing her to communicate with kids, interfering with visitation, and sending texts with name calling etc
Customer: replied 1 year ago.
he faced some felony charges for destruction of personal property
Expert:  Maverick replied 1 year ago.
Yes, she may sue for three types of claims: assault, battery and intentional infliction of emotional distress. If the physical harm caused by the abuse is severe, then physical pain and suffering damages may be awarded for battery. Assault and intentional infliction of emotional distress are theories that do not involve physical contact. The damages awarded can be based on the cumulative effect, both emotional and physical, of long-term abuse. Enlisting the aid of an expert witness will almost always be necessary. Expert witnesses are allowed to testify when the members of a jury may not have the knowledge or experience necessary to make a decision, for example, to what medical degree she was harmed. The testimony of a psychiatrist, psychologist, marital counselor or other mental health professional is how this is done. PTSD will require expert diagnosis and testimony.
Customer: replied 1 year ago.
if there is a clause in the divorce about that releases any civil actions on abuses prior to the divorce decree will that protect him from a lawsuit ? especially if she signed under duress.
Expert:  Maverick replied 1 year ago.
When she signed the divorce decree she usually has to go in front of the judge and he usually asks whether each party to the agreement signed under their own free will before signing off on the divorce order. If that happened and she said "Yes", it is not likely that the judge will allow the duress angle now. What State was the divorce order signed in?
Customer: replied 1 year ago.
Pennsylvania. they did it all through a public mediator provided by montgomery county and they did not sign it in front of the judge.
Expert:  Maverick replied 1 year ago.
Unfortunately PA has taken a very hard line when it comes to the duress defense. "It is black letter law in Pennsylvania that there can be no claim of duress when a party has an opportunity to consult with counsel before entering into a contract. It is not even necessary that the party actually consults with counsel—so long as it could have done so. The rule makes good sense: a party who has the opportunity to weigh the merits of a hard choice with legal counsel should not later be heard to claim that his or her “will” was “overcome.” SEE Irwin v. Weikel, 282 Pa. 259, 264 (Pa. 1925). See also Carrier v. William Penn Broadcasting Co., 426 Pa. 427, 431, 233 A.2d 519, 521 (1967) . Thus, where the facts clearly establish the opportunity to consult with counsel, summary judgment on the issue of duress is appropriate." Sorry, I know this is not what you wanted to hear; but I am assuming that you are paying for an honest and professional opinion.
Customer: replied 1 year ago.
the main reason i asked is that her ex is trying to scare her from filing suit. theres a catch phrase that states that their decree supersedes any tort action prior to the date of the signing of the decree. he is trying to convince her that means civil tort. what i believe it means is that document supersedes the prior separation decree and any other versions of the divorce decree that was drawn up.
Expert:  Maverick replied 1 year ago.
Can you please upload the section of the document / decree that you are referring to so that I may better assist you...
Customer: replied 1 year ago.
i will try too. i am learning very quickly how crappy, lazy, and corrupt philadelphia can be. for some reason, my wife never gets any of the final documents on any mediation and court interactions for the divorce and post divorce (yes he has filed at least 6 modifications since signing the divorce and won). unfortunately, these modifications were tied to huge financial concessions my wife made to him. he continues block communications and visitation without any punishment from the judges including 100's of contempt of court charges.
Expert:  Maverick replied 1 year ago.
Don't feel singled out on this. There is rampant corruption in our court system these days and it more about politics for the judge's self-gain and less about justice. A true fleecing of the masses. I will wait for you to upload the relevant portions.