Legal Question in Personal Injury in California

emotional distress

my husband recently got out of prison and wrote me he was coming home. when he never showed up i finally got in contact with his parole officer and found out that he had a stipulation on his parole not to contact me. i had been visiting him all the while he had been in prison. he was in for probation violation after he was in a while the assault charge showed up on him (i was not the one who filed it) in the past year i have lost my car my mother my house and dog and became homeless. i needed to have my husband and since then i have not been able to stop crying, i have been suicidal went twice to hospital can't concentrate or even really work i basicaly have only been holding it together for his return. i didn't even know that the order even existed until the 3rd time i called the parole office no one has ever contacted me about it yet i want to know if there is any recourse for my emotional trauma and situation


Asked on 11/28/07, 7:03 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: emotional distress

No.

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Answered on 11/30/07, 12:53 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: emotional distress

Recourse against whom? Almost certainly, the answer is "No".

You also have omitted a great deal of facts here, Not being allowed to contact your wife means the authorities thought you were, perhaps, the major cause of whatever caused him to go to prison. Also, we are dealing with felony(ies) here, so this is serious.

Furthermore, it is rare to be allowed damages for emotional trauma in California. You need to show physical injuries.

You need a lot of psychological help, and, obviously, the authorities think you and your husband are bad influences on each other.

Get some counseling and move on!

Good luck!

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Answered on 11/28/07, 10:42 pm
George Shers Law Offices of Georges H. Shers

Re: emotional distress

We feel sorry for you and your plight, but there is no one to sue. The only one who was obligated to inform you [morally] was your husband. You should realize that he is not good for you; for the court to have ordered that he not contact you suggests that he beat you up. If he hits you once, he will certainly do it another time and would continue to do so until he is again put back in jail.

You need to go to a battered woman's group for counseling. you need to realize that you are in a better situation without your husband than with him. While he was in jail you were able to take care of many things; before you started living with him you probably took care of your self. You had a job. You are able, although it will take effort on your part, to again take control of your life and make it much better. See if you can get help from family members, even if you brought off contact with them some time ago.

Good luck.

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Answered on 12/02/07, 1:59 am


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