I have a stalker that has been harassing me for 2 year that has been reported to the police multiple times. he breached the restraining order and spent a night in jail but got off because his lawyer claims there was a technicality in the restraining order becuase his son was serve instead of him. he is now suing me for $250,000 for wrongful arrest embarrassed etc… do I have a chance with counter suing him for all the mental anguish he has caused me? he is using the legal system to continue to harass me and tried to have me cross examined on my affidavit which I feel is harassment to sit in front of him and his lawyer interogated for 2 hours and I cannot afford a lawyer anymore.
There’s no way anyone here can answer that question for you. The best you are likely to get here is recommendations on how to best get free or reduced cost legal representation.
IANAL, but the first question is “does he have any money?” In other words, suppose you go to the trouble and expense of counter-suing. What will it get you if you win?
Has the restraining order been properly served now?
How is he suing you for wrongful arrest? I would think it would be the police, or whoever arrested him.
What did your lawyer say when you were examined on your affidavit?
Regards,
Shodan
The OP of this thread was originally a post in a zombie thread. I’ve split it and the responses out into its own thread.
Try contacting a women’s crisis support line, describing your situation and asking if they can connect you with resources. They may have resources or information to help women who are being stalked.
Move to Florida.
Something tells me there is a lot more to the story than what the OP is letting on…
Dun-dun-dunn!
Not to be insensitive, Id like to see how “stalker” and “harrass” are described.
So far we have only one version. Let’s say, on the other hand, he rides the same bus and gets off at the same stop, which is also near his house. He’s a goofy looking guy, and once made a casual remark to a stranger, which would have been flattering if it came from a hunk, but instead he got an eek stare… So a year or two later, this guy with a single innocent remark in his history, with maybe a clumsy attempt at an apology piled on, is declared to be a stalker because he turns up almost every day at the same place.
If that’s NOT the case, then defend the stalker accusation with empirical details. Maybe a public accusation is itself actionable.
Or less. If you get my meaning.
I don’t see how he has much of a case, getting wrongfully arrested happens all the time, technicality or not.
On the off chance that there is some legitimacy to this claim, I figured I’d respond to the question asked. Broadly speaking, when you sue somebody for monetary compensation, you are suing them to make you “whole” again. That is, they are supposed to put you back into the position you were in before this situation occurred. A lawsuit for damages is not supposed to be a windfall that compensates you for more than you actually incurred. So, if you are going to sue for “mental anguish”, you would need actual documentable examples of costs associated with that mental anguish. Examples would be medical bills for counseling or therapy. If you are simply trying to valuate your own personal frustrations, you are going to be sorely disappointed. Ambiguous claims of damages are rarely, if ever, compensated.
Having said that, you can be heartened that this standard works both ways. If this person is suing you for “$250,000” he is going to need to show that he actually incurred $250,000 in damages as a proximate result of your actions. Note that the use of “proximate” - just because you set in motion a long chain of unexpected events doesn’t mean you are at fault for each step along the way. So, your reference to “wrongful arrest” sounds like a beef this person had with law enforcement; I wouldn’t worry about that, even if it was a complaint that you had made that led this person to be arrested by the police.
The OP posted once and has not been on the board since the moment of the post. Not sure what the point of responding to her is, since she isn’t here.
Well, it gave you something to post about.
You’re welcome.
Socking isn’t cool, bro.
Geez Louise!
A guy tries to offer some reasonable advice to the loony drive-by poster in the spirit of fighting ignorance to the teeming masses who might be paying attention, and he gets lambasted for bumping a thread and then accused of violating board rules.
It was just a post.
I don’t get it. How does that relate to any poster or anything posted in this thread? 
It was a lame joke implying that Moriarty’s “you’re welcome” was an admission that he wrote the OP.
Rescinded. It’s been a long day.
I have an update now realizing what a dummy my laeyer was/is. he was wrongful arrested becuase he had not submitted his statement of defense as I had aplied for a “without notice restraining order”. the stalker wanted me cross examined and I refused for 3 reason. .I did not want a public record transcript, connotations afford a lawyer for the 2 hour cross examination, and I feel that it is another form of harassment to sit there being interrogated when I’m the victim. I have 2 years worth of evidence of stalking and harassment, multiple police reports. police have been wanted to charge him for criminal harassment but I was too afraid of the retaliation and wasnt going to be fair an teed a sealed file… so I thought getting a restraining would make him leave me alone instead of having him charged which would infuriate him and I could be asking for a death sentence. I just was informed he is countersuing, reason being is the restraint order is considered a statement of claim. Hes a million and I don’t want a penny from him, I just want to be left alone!!
reason I haven’t been back here for 2 weeks is becuase I’ve been going through alot of stress anxiety nightmare etc! I did not know there was a time limit here! sometimes people need a break from the Internet and reading about stalkers! geeze I came here for support and nothing else.