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    Jennypennyp's Avatar
    Jennypennyp Posts: 2, Reputation: 1
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    #1

    Aug 18, 2012, 08:31 AM
    Can I sue my ex husband over this?
    He keyed my car.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 18, 2012, 09:09 AM
    Quote Originally Posted by Jennypennyp View Post
    Can I sue my ex husband for emotional distress? About 10 months ago my ex husband moved in directly across the street from me. He came over the first night he was there to tell me he had moved in, stating he never knew that I lived there, when in truth he was the one that helped me move into my residence.

    The distress that I felt was in due in part to him having been abusive in our relationship. Another part was that he was an estranged father to our 7 year old son, having seen him last when the child was 2 years old. My fear was that he would walk up to my son and tell him who he was. My son has no idea who he is, and has stated on his own accord that he has no interest in knowing his biological father.

    I was in counseling over the situation and had to be placed on anti-anxiety medication. It affected my sleep and my quality of life, I became obsessive about moving, not being able to think of anything else. I failed some classes at school, and if you look at my record before he came along I was a great student.

    I just don't know what I can do. He torments me in different ways. Sitting in his car and watching me groceries in and out of my home. He's creepy and it's still very much unsettling.

    I would start with a protective order. These emotional trauma cases are very difficult to prove.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 18, 2012, 09:11 AM
    A restraining order is your seemingly only option. But that wouldn't be in small claims court.

    Also, he does have rights to see his sone.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Aug 18, 2012, 11:54 AM
    Quote Originally Posted by Jennypennyp View Post
    Can I sue my ex husband for emotional distress? ...
    You can sue anyone for anything. Will you prevail? Not on the facts you have related.

    What it amounts to is that he was somehow abusive when you were married. If you wanted compensation for this abuse, you would have to had asked for it in the divorce.

    Other than that, he has moved in across the street. He was free do to; you don't get the right to veto who your neighbors are going to be.

    And he sits in his car and watches you. Again, there is nothing illegal about that.

    Get over it or move away. Those are your options.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Aug 18, 2012, 12:00 PM
    He can move there, and live there, since there was no ord daer to stop him. And your fear is just of what he may do, he has done nothing but live there.

    No case what so ever.

    Telll his son he is the father, any day he wants to, no law to stop him, he could file for visits in court tomorrow if he wants to
    Jennypennyp's Avatar
    Jennypennyp Posts: 2, Reputation: 1
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    #6

    Aug 18, 2012, 01:25 PM
    I'm not sure how any of these help me.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Aug 18, 2012, 01:53 PM
    Quote Originally Posted by Jennypennyp View Post
    So thank you for you bull answer. He's a stalker and a wife beater. All I was hoping for was a reason to get him away from me. I don't even want his money, I was just wondering it I could do this in hopes of it maybe making him move away.
    Excuse me? Ww can only go by what you tell us. If you didn't tell us the full story so how can you complain about what we tell you. We tried to help you and you just this us.

    The answer stands that he has done nothing yet to go to court over. You can tell the police about hius actions, you can ask that the restraining order be reinstated. But until he makes some overt move. Sorry there is nothing you can do.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Aug 18, 2012, 01:57 PM
    He can sit on his porch and watch your house, he can file in court and ask for visits with his son, and he will get at least supervised visits allowed.

    You can ignore him and protect yourself if he tries to hurt you.

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