Personal Injury Law

Personal Injury Law Question? Ask Personal Injury Lawyers.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

After being on the run for 10 years, my ex was recently

After being on the...

After being on the run for 10 years, my ex was recently arrested (in Santa Clara County, California) for parental abduction of our two children. She harassed me during those years by calling and stalking me on the internet. Can I sue for emotional distress in California?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

See note above

Lawyer's Assistant: Has anything been filed? If so, what?

No

Show More
Show Less
Ask Your Own Personal Injury Law Question
Answered in 1 minute by:
9/14/2017
legalg
legalg, Attorney
Category: Personal Injury Law
Satisfied Customers: 13,714
Experience: General Practitioner. Research Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Personal Injury Law Question

I am very sorry to hear this; can you tell me if this occurred during a marriage, or was it post marriage, or were the parties never married?

Ask Your Own Personal Injury Law Question
Customer reply replied 10 months ago
after divorce
Customer reply replied 10 months ago
Charges of parental kidnapping were filed in Santa Clara County in 2006. My ex is pleading guilty there to felony parental kidnapping on September, 22.

Thank you for your patience;

The CA case, Rosefield v. Rosefield, did establish a basis for a parent to sue another parent for punitive damages and emotional distress when it came to pain suffered due to the kidnapping of a minor child.

This was reaffirmed in Kajtazi v. Kajtazi

When a party pleads (or is found) guilty in a criminal case, the civil courts can take "judicial notice" of that conviction plea, since the civil courts have a lower burden of proof. That means the plaintiff in the civil case need not prove anything in order to prevail.

Additionally - while criminal statutes provide for penalties (ie - https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=278.)

the court may order the offender to pay "restitution" to their victim/family as part of the sentencing.

http://www.cdcr.ca.gov/victim_services/docs/Prison_Restitution_Survey_Appendix.pdf

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=1202.4

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Personal Injury Law Question
Customer reply replied 10 months ago
Would it be hard to find a lawyer who would represent me in this on a contingency basis?

It is hard to say-the best thing to do is to call around to attorneys in your area. If you google your specific county, put "___ county bar association, attorney referral" and there is usually a link to local attorneys. You can also do the same thing but put "---- county (or ___ city) contingency fee attorney"

This may help

I certainly wish you the best and hope you can find a good attorney.

legalg
legalg, Attorney
Category: Personal Injury Law
Satisfied Customers: 13,714
Experience: General Practitioner. Research Attorney
Verified
legalg and 87 other Personal Injury Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a personal injury lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalg Your Own Question
legalg
legalg
legalg, Attorney
Category: Personal Injury Law
Satisfied Customers: 13,714
13,714 Satisfied Customers
Experience: General Practitioner. Research Attorney

legalg 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:

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

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,175 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

725 satisfied customers

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

LawTalk

LawTalk

Attorney

485 satisfied customers

I have 30 years of legal and litigation experience.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

449 satisfied customers

I provide basic personal injury advice to my clients in my own practice.

Brandon, Esq.

Brandon, Esq.

Attorney

367 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

P. Simmons

P. Simmons

Attorney

279 satisfied customers

16 yrs. of legal experience.

Personal Injury Pro

Personal Injury Pro

Attorney

203 satisfied customers

Insurance Defense Attorney

< Previous | Next >

Related Personal Injury Law Questions
During a terrible custody battle, my ex accused me of raping
During a terrible custody battle, my ex accused me of raping one of my daughters over a 7 year period. The allegation was never previously reported and there were never any criminal charges or arrest.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My ex is cyberbullying me on twitter for the past couple of
My ex is cyberbullying me on twitter for the past couple of months. I reported to Twitter many times to terminate his account because he's harassing and stalking me. Twitter told me he's allow to post… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
We need to have something sent to my sons ex-girlfriend. she
we need to have something sent to my sons ex-girlfriend. she continues to use social media to harass my son. this relationship was very toxic. the emotional damage this girl is caused and continues to… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,526 satisfied customers
I want to file a Negligence claim infliction of emotional
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 ta… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I saw an ad online and did the face trade. Later I found the
I saw an ad online and did the face trade. Later I found the goods wasn't exactly as the seller described. The seller refuses to take it back and even started threatening that he will harass and sland… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My children was visiting their father family 's Day,
My children was visiting their father family for Mother's Day, when their aunt told them of a child that their has outside his marriage and, told them that she was their sister. Showed them a picture … read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I believe I have a valid IIED claim - please verify. My ex
I believe I have a valid IIED claim - please verify. My ex has harassed me and stalked me and threatened my family for 2 years. I have an order of protection - he has been convicted twice for violatin… read more
Ely
Ely
Counselor at Law
Juris Doctor
725 satisfied customers
Can a parent sue the arresting officer for health issues/stress
Can a parent sue the arresting officer for health issues/stress related to their 22 year old son getting falsely arrested?… read more
Allen M., Esq.
Allen M., Esq.
Officer and former adjunct prof.
Juris Doctor, Cum Laude
20,537 satisfied customers
This is a question about the Statute of Limitations for IIED. Does
This is a question about the Statute of Limitations for IIED. Does the two year Statute of Limitations for Intentional (or Negligent) Infliction of Emotional Distress begin to run at the time when one… read more
Ely
Ely
Counselor at Law
Juris Doctor
725 satisfied customers
I am a single mother with two little boys. My neighbor has
I am a single mother with two little boys. My neighbor has been watching me, driving by my house repeatedly, coming to my front door repeatedly univited and recently on 3 separate occassions offered m… read more
Allen M., Esq.
Allen M., Esq.
Officer and former adjunct prof.
Juris Doctor, Cum Laude
20,537 satisfied customers
I am in the process of beginning an action of IIED against
I am in the process of beginning an action of IIED against two men who have been deliberately inflicting emotional distress on me for ten years. (Until three years ago, I did not suspect that they wer… read more
Brandon, Esq.
Brandon, Esq.
Attorney
Doctoral Degree
367 satisfied customers
In the State of California can you sue for emotional distress
In the State of California can you sue for emotional distress and if so what are the chances of winning? I have proof or harassment and retailitory behavior from my landlord based on events that show … read more
LawPro1
LawPro1
Attorney
J.D.
151 satisfied customers
Our 11 year old girl was attacked and punched multiple times
Our 11 year old girl was attacked and punched multiple times in the head by a much larger 13 year old girl at school. The incident was witnessed and documented, and the school stated our daughter was … read more
Ely
Ely
Counselor at Law
Juris Doctor
725 satisfied customers
My girlfriend was attacked by her ex-boyfriend a while back,
My girlfriend was attacked by her ex-boyfriend a while back, probably 3-4 years ago. She required heavy medical attention and may have even needed surgery. The police were involved, but for a number o… read more
RJ
RJ
JD
3,048 satisfied customers
Does the outrageous nature of IIED pertain to the same standards
Does the outrageous nature of IIED pertain to the same standards of negligent IIED? For example, ex spouse becomes pregnant by another man during the course of my marriage. She then continues to lie i… read more
RJ
RJ
JD
3,048 satisfied customers
can a parent file a lawsuit on behalf of their minor child
can a parent file a lawsuit on behalf of their minor child before they are 18 if the harm that was caused is going to incur bills for therapy due to the incident?… read more
RJ
RJ
JD
3,048 satisfied customers
I am a widow, and my husband committed suicide over a year
I am a widow, and my husband committed suicide over a year ago. My boyfriend's ex is making posts on her blog stating that I am stalking and harassing her (I emailed her on two different days trying t… read more
RJ
RJ
JD
3,048 satisfied customers
Can a minor sue for intentional infliction of emotional ...
Can a minor sue for intentional infliction of emotional distress in NY? I have children in common with a person who has had no contact with the children for years. They have seen him 5 times in 8 year… read more
Ellen
Ellen
Attorney
Doctoral Degree
649 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