Legal Question in Civil Litigation in Illinois
intentional infliction of emotional distress-domestic violence
I dated a married man for 7 years and he was verbally, emotionally & physically abusive. I filed a simple battery charge on him in January 2002. I went to the state's attorney's office to try to get a warrant issued and an order of protection and was denied twice. They told me to go do it civilly because there were no visible injuries & no witnesses to the incident. So the man went unpunished and continued his behavior by contacting me, following me and surveilling my house on 13 ocassions. He is a law enforcement officer carrying a gun! An internal investigation is being conducted in his agency. They have not contacted me in any way to inform me of the status of the investigation. I have been in fear not knowing if he will come after me once he finds out the allegations. This investigation has been dragging on for 7 months now. I went through 2 months of counseling to deal with the abuse, missed a week of work due to anxiety attacks & have been put on medication for anxiety & depression.
I would like to know if I can sue him, the county court, and the law enforcement agency because their lack of concern has allowed his behavior to continue.
2 Answers from Attorneys
Re: intentional infliction of emotional distress-domestic violence
Your facts still leave a number of questions unanswered. Are you still seeing each other or the relationship is over? When did you call it quit? You said you filed a suit, are you being represented by an attorney or not? In a case like yours, if I were you I won't try anything without an attorney. I think the complaint to his agency and the subsequent administrative investigation is another way to address your problem. However, an administrative inquiry has its limit even though its outcome may satisfy your need.
Also, be aware that what exist here does not fit into domestic violence per se. The two of you are not married couple. The fact that you are currently being treated as a result of physical and emotional abuse will help in proving not just the acts but the consequences of his action in the court of law. Contact an attorney in your county on this issue, don't handle it yourself. Good luck.
Re: intentional infliction of emotional distress-domestic violence
Sounds like you have a claim for harassment and/or intentional infliction of emotional distress against the cop. The question is whether you have a claim that is more broad than that.
A key question is whether the cop ever threatened you or in any way threatened to use his "police power" against you. Was there ever any threat that he was going to arrest you for something or otherwise enforce state/municipal laws against you?
-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo
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