Q: Can I press charges against someone who incited my abusive ex to threaten me and my child? Can I also sue this person?
Prayerfully he didn’t go through with anything, but can I still sue the person who instigated, knowing our history?
A:
In Georgia, as in many states, pressing criminal charges is typically the responsibility of law enforcement and the prosecutor's office. If someone incited your ex to threaten you and your child, you can certainly report this to the police. The police can investigate, and the prosecutor can decide whether to press charges based on the evidence.
As for filing a civil lawsuit, you might have grounds to sue for intentional infliction of emotional distress or other relevant torts. This would depend on the specific circumstances, such as the nature of the incitement and the impact it had on you and your child. In such a lawsuit, you would need to prove that the person's actions were the direct cause of any harm or distress you experienced.
Remember, while the threat may not have been carried out, the instigation of such a threat, especially given a history of abuse, is a serious matter. Document all relevant interactions and any evidence that supports your claim. This can be crucial in both criminal and civil proceedings.
Consulting with an attorney who has experience in both criminal law and civil litigation would be beneficial. They can provide specific guidance based on the details of your case and help you understand your legal options and the likelihood of success in both criminal and civil actions.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
