If I’m suing my ex for illegally locking me out and destroying my items, can I include intentional infliction of distress in my complaint?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m suing my ex for illegally locking me out and destroying my items, can I include intentional infliction of distress in my complaint?
I’m suing my ex for illegally locking me out and destroying my items. I also want to sue him for emotional distress because of all of the things he has done over the past year. He harassed me, threatened me (I got restraining orders) and lied to the police and had me arrested. The charge was dropped because he couldn’t provide discovery, but I had to hire an attorney. I want my money back for the lawyer and the days that I missed work throughout the year because of his inability to move on with his life.
Asked on October 8, 2010 under Personal Injury, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You can include intentional infliction of emotional distress as a separate cause of action (claim) in your complaint. Intentional infliction of emotional distress is an extreme and outrageous act by the defendant (your ex) intended to cause and which did cause you emotional distress. The various incidents you mentioned (harassment, threats, lying to the police to have you arrested, destruction of your property, locking you out, etc.) would provide evidence to support your case for intentional infliction of emotional distress. Your damages (the amount you are seeking to recover in your lawsuit) would include compensatory damages and punitive damages. Compensatory damages are to compensate you for the losses you incurred. Punitive damages are to punish the defendant for intentional and malicious acts.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.