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View Full Version : Any criminal items, intentional infliction of emotional distress, or too minor?


makdan
Dec 27, 2007, 09:45 AM
My ex-girlfriend from a failed romantic relationship has undertaken a series of actions that range from petty to unfair to just plain mean. We are not married, but are co-owners of a house, where she lives and where I expect to return this weekend. As she stated to me, she is doing all she can to make my life as miserable as possible. Does anything on this list qualify as a criminal offense, or as sufficient for winning a lawsuit for intentional infliction of emotional distress? My criminal defense attorney told me the cost of such a lawsuit would exceed the return, because these items aren't "sexy" enough. But he's a criminal attorney, not so much civil. I know I need to talk to a civil attorney, but thought I'd check here first. We live in Virginia.

• Removed doors from washer and dryer to prevent me from ever using them
• Created an unbelievably toxic environment by telling her 2 sons, age 21 and 30, that they can ignore anything I say
• Encouraging disrespectful and confrontational behavior by her sons
• Taken over at least 90% of the house with her 2 sons, who were supposed to be there only short-term, squeezing my stuff into one only one room
• Moved her stuff into, and my stuff out of, a room that we specifically agreed would be for my exclusive use before we bought the house (she chose a bigger room for her exclusive use)
• Moved all my bedroom furniture from the master bedroom to the den, without my prior knowledge or consent
• Installed keyed lock on master bedroom to keep me out
• Prohibited all contact with dogs, locking them away when I return home from work, even though I provided almost all the exercise they got
• Filed false complaints with police, cost about $6000 to successfully defend myself
• Filed false statements to get a 2-year protective order to keep me out of the house (denied, so far)
• Committed perjury, along with her son, although I can’t prove it
• Locked me out of the house even though I was found Not Guilty of any of the charges (After failing to get back in even with police help, and warning her beforehand that I would break in if necessary, I came back two days later, and after warning her again, smashed a glass storm door to get in. As co-owner, aren't I entitled at least to tenants’ rights to reside in my own home?)
• Attempted to maximize my legal costs by seeking unnecessary continuances at court hearings
• Missed one court hearing without notifying me or my attorney, costing me at least $700 in wasted attorney fees
• Taken both copies of my bank safety deposit box key
• Taken the key to my office from my key ring
• Taken my mailbox key (especially criminal, messing with my ability to get mail?)
• Locked my bike with my cable lock, taking both keys
• Removed the info that would allow me to order replacement bike lock keys
• Searched through all my possessions/papers, keeping some of the papers
• More I can't remember at the moment
• Probably more I don’t even know about yet, since, until the last week, I had been barred from the house for almost 3 months, and I'm not back in yet

s_cianci
Dec 27, 2007, 10:00 AM
Filed false complaints with police, cost about $6000 to successfully defend myself
Filed false statements to get a 2-year protective order to keep me out of the house
Committed perjury, along with her son, although I can't prove it.These are definitely criminal actions. Of course, you do have to prove any allegation you would make.
Missed one court hearing without notifying me or my attorney, costing me at least $700 in wasted attorney feesThis should have resulted in a default judgement in your favor. I'm surprised your attorney didn't insist on it.
Taken both copies of my bank safety deposit box key
• Taken the key to my office from my key ring
• Taken my mailbox key (especially criminal, messing with my ability to get mail?)These are misdemeanor thefts. And yes, tampering with the mail is a federal offense. Also, barring a restraining order, which you state there is none, you should have access to your home. She does not have the right to deny you that. Whether you can get any civil damages out of it is questionable but you should get a court order to allow you back in. If she doesn't, then she is in contempt of court, which is yet another criminal offense.

makdan
Dec 28, 2007, 12:09 PM
Regarding the no-show appearance, it was at a hearing for the 2-year protective order, so maybe my attorney figured she would just file anew if I was granted a default judgement.

I knew most of the items in the original list were civil, but was prohibited by Virginia law from filing criminal cross-complaints against her and her 21-year-old son. He successfully filed Assault/Battery and Brandishing a Firearm charges against me. In addition, she filed for A/B against me a week after he did.

I beat the raps in two bench trials, despite their fabricated testimony, but it was expensive and incredibly frustrating because I had tried to file Assault and Battery charges against the son (for the same event he filed against me) 2 weeks before and again 1 week before he filed against me. If either of my complaints had been accepted, he wouldn't have been able to cross-complain, but on my first try, the Magistrate wouldn't accept my complaint because the "police investigation was not complete", even though it was 15 days after the event. The second try, I called police to the residence and tried again, but the officer said he couldn't support my complaint because he had no knowledge of it.

In the meantime, police stay out of the civil stuff.

Thanks for the info. My turn now -- oddly she suddenly seems much more rational and accommodating.