Legal Question in Civil Rights Law in Alabama

Need your help

Last year my husband had an affair, we have gotten back together and are expecting our 2nd child. However the woman that he had the affair with conceived a child. We went to court and had DNA testing done, have settled that case, he was found to be the father and we are paying child support and getting visitation. She is a local police officer, has another child and has never been married. She continues to harass my husband at work and on his personal cell phone - he changes the number regularly and she tracks it down. I have been told that there is a possibility that I might have a lawsuit against her. I do not know much about this and need some good advice. I am not interested in necessarily getting alot of money but I would like for her pay something for the manipulation that occured last year. Do I have a case?


Asked on 9/26/02, 1:27 pm

2 Answers from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Need your help

You may have an action for intentional infliction of emotional distress, however, it is not clear how sympathetic a jury would be. As a result, if you were to seek private counsel, you would be charged a retainer for the action. On the other hand, if you went to the clerk's office, there is probably a simple form to be filled out for a Restraining Order, which I am certain a judge would issue. That can be done without the need for an attorney and the attendant cost.

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Answered on 9/27/02, 12:27 am
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: Need your help

Not sure that you would have a civil case against her at this point. More facts are needed. I would suggest that if it continues that your husband contact her superiors at the police dept. and lodge a complaint, or file a complaint with the internal affairs division of the police dept.

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Answered on 9/26/02, 3:11 pm


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