West Frankfort, IL asked in Divorce and Personal Injury for Illinois

Q: Can I sue my husband for intentional infliction of emotional distress

I have been married to my husband since 02/27/2019. In about June of 2019 we had started using methamphetamine. Shortly after we started using together, he started getting physically violent. Mainly at first he would choke me out till I passed out. Like I would be standing up and he would come from behind and choke me till I passed out and I would wake up on the floor. There were several smaller violent incidents and then he broke my face (tripod fracture) and I had to have reconstructive surgery on the right side of my face where I now have two titanium plates. One above my right eye and one below my right eye. This happened on him and his moms business property.He started getting violent with me again not even a week after my surgery. Then a couple months after my surgery he beat me and choked me out till I pissed my pants.There was many more times he done this along with mental/emotional abuse.I now have a active OP and filed for divorce at the same time.I am needing representation.

Related Topics:
2 Lawyer Answers

A: Yes, it is possible to do that. There is a case out of the 5th district that provides for it. Have your lawyer look it up.

A: Ms. Powell is correct that it is technically possible. That said, litigation is terribly expensive (you will need to pay in advance) and you need to consider whether your husband would be able to pay. More importantly, money isn't going to keep you from being repeatedly injured by your husband. You need to report these incidents AND ALL SUBSEQUENT INCIDENTS to the police!!! You should also seek an Immediate Restraining Order against your husband. On your facts, it would be summarily granted.

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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.