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    culverized's Avatar
    culverized Posts: 1, Reputation: 1
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    #1

    Mar 11, 2009, 02:32 PM
    Can we sue for mental/emotional distress?
    My fiancé is almost finished with probation, but his ex-wife is trying to get it extended. She has been calling his PO making complaints of child abuse and other harassing calls to try and get his probation extended or him thrown in jail. She has succeeded three times in getting him thrown in jail. Can I sue her for emotional distress? He and I have a baby together and I have a daughter along with those two, he has two boys of his own with his ex. By him going to jail, none of us get to see him and I have to deal with the explanation of where daddy is. The only reason he gets put in is because any sort of physical accusation (being founded or not) he has to go in custody. His ex-wife knows this and makes the complaints all the time. He will be off probation in less than two weeks. I know she is going to keep doing whatever she can once he is off and I want to know if I can sue her for the emotional distress I have felt, along with our four kids. Please help me. Thanks!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 11, 2009, 04:35 PM

    First no, if there is no proof, I can not believe they will just throw him in jail, but you may consider getting a restraining order to keep her away
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Mar 11, 2009, 07:57 PM

    Why is she calling the PO and not the police? The PO would not just put him in jail over her say so. I'm not quite understanding how the PO could do this. If there is no criminal chages being assessed against him by the police for the alleged child abuse I really don't see this scenerio happening.

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