Miami, FL asked in Criminal Law, Civil Litigation and Civil Rights for Florida

Q: Can I sue someone for making threats about hurting me? I have proof with text screenshots. How much money can I sue for?

My neighbor in my building , who is known to cause trouble. Started making threats and saying that his going to Break my Jaw etc because I asked him to pay my friend his money back. Can I sue him ?

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: If I were in your shoes, I'd first be focused on preventing him from "breaking your jaw, etc.", not money - that is, if you do believe it is a REALISTIC threat and not just an idle (not-really-mean-it) threat. I would go to the domestic violence court and ask if the threats, which you have proof of, are enough to support a petition for an injunction against violence (also called restraining order), and if so, I would file the petition (which most people pursue without an attorney). (Domestic violence court is not just for violence within a household; it can also address others' violence or threats of violence.) If an order is issued, that person is subject to arrest if he gets within a certain number of feet of either you or your residence, and that person might be prohibited from possessing any firearm.

Regarding suing for money damages for a threat that has not been carried out, technically, you may be able to sue for intentional infliction of emotional distress, but as a practical matter, it is probable that no attorney would deem the case to be worthwhile from the standpoint of dollar value of the case, and possibly from the standpoint of collectibiity of the defendant (the person to be sued). To be certain, you'd need to contact attorneys to obtain legal opinions.

Terrence H Thorgaard agrees with this answer

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