Civil Suit for Physical and Emotional Abuse

Dear Divorce28262:

Greetings. Yes. But the better idea is to file a domestic violence action and sue for post separation support and alimony. If he is still in the home, the domestic violence action is the best option right now. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

What is the definition of “Emotional Abuse”? Lately, my wife has been talking emotional abuse and this is the first I’ve heard of it after 10 years of marriage.

If I’ve emotionally abused her it definitely was not intentionally.

Dear howlingwolf:

Greetings. There is no definition of emotional abuse in the statutes under divorce law - however there are definitions for cruel and barbarous treatment, etc.

What I will tell you though, is that words that are meant to hurt someone’s feelings - in my book, that is emotional abuse. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Thank You!!! That really helps me understand the situation a lot better.

Can you sue your husband for physical and emotional abuse?