Legal Question in Civil Litigation in California
my wife is having an affair. In a rage, I left a telephone message for her lover that I would tell his wife about the two. He also states that i threatened violence against him, which i do not remember ever doing.
He has threatened to take me to court. Can he do this and win?
3 Answers from Attorneys
He could sue you as to any threat of physical violence, but he would have to show that you knew where he lived or worked, that he really thought you were going to do something [yuor wife has probably told him you are not man enough to stand up for her or yourself], and that he really believed your were going to do something violent. Most jurors would probably conclude that any threat you made was mere talk and would feel that he should be beaten up for cheating on his wife and with your wife. So he has a very weak suit that few if any attorneys would take.
Your threat to tell his wife was not done for any money concern so probably could not be a basis for a suit. So do not worry about being sued. But remember that California is a no fault state so the community propety possessions will be divided in half.
I wouldn't worry about a civil suit for the reasons George stated above, but I would be concerned about him getting a civil restraining order against your because of your inappropriate comments made during your rage even though you probably had good cause. The outburst if severe enough, and especially if he has a tape of your message, you might be looking at a civil restraining order against you. That could also have some adverse consequences to your employment too.
I wouldn't waste any more time, go see a divorce lawyer immediately for both for your matrimonial problems and also for the potential restraining order you are facing.
FYI don't call this clown again no matter what. Also I'd think about terminating your marriage too because it will only get worse and you are liable to blow up at her and then you could be facing some more serious problems.
Hope this helps and good luck.
Anybody can sue anybody for anything. Winning is another question. He'd have to have proof of actual threats. Don't threaten people and you won't have to worry about either civil lawsuit or criminal charges against you.