Can You Claim Abuse of Process by a Spouse's Attorney
My question involves a marriage in the state of: Louisiana
Hello,
Greetings to everyone! This forum is a great resource, so thanks for providing this service.
Long story short. I was abandoned by my spouse. My spouse, after abandoning me, initially claimed that I abandoned her. This continued until my spouse hired an attorney whose ethics are known by local legislators to be questionable, and flip flopped to playing the Protective Order/Violence game. My spouse is lying, and has falsified these documents. Everyone knows this because this particular attorney has a reputation for abusing the system for handling real domestic violence. However, I know that if I sue my spouse for Abuse of Process, chances are that it won't yield anything practical, and, more importantly, it won't make any changes locally to prevent this "go-to" attorney from destroying any other lives than they already have.
I can prove that the Protective Orders against me claiming abuse were written in this attorney's handwriting, and it is also possible that my spouse's signature was forged as well. I also know another individual, whose spouse is represented by the same attorney, who is going through the exact situation I am. Additionally, the verbiage used in this individual's divorce case is almost verbatim as it is in mine. I am curious if this attorney can be sued for Abuse of Process, and what would constitute evidence in this claim.
Also, I am curious if an attorney can write statements alleged to have been made by their clients on Restraining Orders, Protection From Abuse Orders, etc. using the terms "I" experienced this... this was done to "me"... etc. without documenting something to the effect of "written as dictated to me by..." along with the attorney signature.
My major concern is a little but more difficult to process. My spouse experienced a mental health injury while working, and is currently on state approved medical leave for it. I cannot understand how or why an attorney can represent someone who suffers from this injury in a life changing decision like divorce. Am I wrong for thinking this?
Re: Abuse of Process Against Spouses' Attorney
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Quoting
Cellardoor
My question involves a marriage in the state of: Louisiana
My major concern is a little but more difficult to process. My spouse experienced a mental health injury while working, and is currently on state approved medical leave for it. I cannot understand how or why an attorney can represent someone who suffers from this injury in a life changing decision like divorce. Am I wrong for thinking this?
Has your spouse been declared incompetent, in a court of law?
Yes, you're wrong in your thinking. You don't have a case against either your spouse, or your spouse's attorney. You're focusing on tiny details that have no bearing in your case.
I strongly suggest you get an attorney yourself.
Re: Abuse of Process Against Spouses' Attorney
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Quoting
Dogmatique
Has your spouse been declared incompetent, in a court of law?
Yes, you're wrong in your thinking. You don't have a case against either your spouse, or your spouse's attorney. You're focusing on tiny details that have no bearing in your case.
I strongly suggest you get an attorney yourself.
My spouse has not been declared incompetent by a court in the case of injury. However, a medical leave was approved by the government. In the OP, I mentioned that I had no desire to pursue any infringement of tort law against my spouse. It is clearly evident that my spouse suffered an injury. Additionally, several inconsistencies in the behavior of my spouse indicate that she is not capable of providing accurate information about just about anything.
With all due respect, being branded a violent spouse abuser in your community isn't something I personally consider a "tiny detail". I believe that the point you make about getting an attorney has little relevance as far as my OP.
It is known that the process that exists to help protect victims of domestic abuse is wildly abused. I am curious about what constitutes proof in Abuse of Process cases.
Re: Abuse of Process Against Spouses' Attorney
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Quoting
Cellardoor
My spouse has not been declared incompetent by a court in the case of injury. However, a medical leave was approved by the government. In the OP, I mentioned that I had no desire to pursue any infringement of tort law against my spouse. It is clearly evident that my spouse suffered an injury. Additionally, several inconsistencies in the behavior of my spouse indicate that she is not capable of providing accurate information about just about anything.
With all due respect, being branded a violent spouse abuser in your community isn't something I personally consider a "tiny detail". I believe that the point you make about getting an attorney has little relevance as far as my OP.
It is known that the process that exists to help protect victims of domestic abuse is wildly abused. I am curious about what constitutes proof in Abuse of Process cases.
Let me try again.
Your issues go far beyond the scope of an Internet forum.
Re: Abuse of Process Against Spouses' Attorney
Ditto Doggie. You need to consult an attorney yourself. Sorry, dude.
Re: Abuse of Process Against Spouses' Attorney
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Quoting
jumanji
Ditto Doggie. You need to consult an attorney yourself. Sorry, dude.
Thanks for the condolences. I do appreciate that.
My issue may be beyond the scope of the expertise of this forum, however, I thought someone may be able to provide some insight beyond "get an attorney". I wouldn't post on the "expert law" forum if I simply needed to be told to get an attorney.
With all due respect, I would like to know if anyone has any answers regarding the questions in the OP.
Let's have a discussion here.
8 million men, annually, are served with protection orders that instantly, and without due process remove a man from his family, his home, and his sanity. Although, there are legitimate domestic abuse cases in which these orders serve the greater good, 80 percent are instances in which attorneys use this Process to enable abusive women to gain an incredibly unfair advantage over a man. All a woman has to do is simply "say" a man has abused her, and he is then ordered to vacate the matrimonial domicile, custody is granted to the woman, and financial decisions are granted to her as well. All of this occurs with no due process.
I am not interested in taking down the system. I am interested in what constitutes evidence in an Abuse of Process case against a local attorney who abuses this process. E.g./
What evidence?
How can I go about finding it?
If I have to research records, what records, specifically should I look for?
I am simply interested in information. If anyone can help with this, I really appreciate it.
Re: Can You Claim Abuse of Process by a Spouse's Attorney
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Quoting
Cellardoor
I was abandoned by my spouse. My spouse, after abandoning me, initially claimed that I abandoned her.
That doesn't matter.
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Quoting Cellardoor
This continued until my spouse hired an attorney whose ethics are known by local legislators to be questionable, and flip flopped to playing the Protective Order/Violence game.
That doesn't matter.
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Quoting Cellardoor
My spouse is lying, and has falsified these documents.
Then you had best prove that to the court in which the petition for the protective order is pending. If you fail to do so, and the court accepts your ex's story, the order will be issued.
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Quoting Cellardoor
Everyone knows this because this particular attorney has a reputation for abusing the system for handling real domestic violence.
Then you shouldn't have much trouble convincing the judge to be skeptical of the petition, as the judge is part of "everybody".
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Quoting Cellardoor
However, I know that if I sue my spouse for Abuse of Process, chances are that it won't yield anything practical, and, more importantly, it won't make any changes locally to prevent this "go-to" attorney from destroying any other lives than they already have.
Worry about (a) defeating the petition for a protective order, and then (b) completing your divorce. Then move on with your life.
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Quoting Cellardoor
I can prove that the Protective Orders against me claiming abuse were written in this attorney's handwriting,
I'm surprised that you are so intimately familiar with the lawyer's handwriting. But that said, whether written or typed by the lawyer, it's the signature that is relevant not the handwriting.
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Quoting Cellardoor
...and it is also possible that my spouse's signature was forged as well.
If your spouse admits that she did not author the document and did not sign the document, then you will be in a position to argue that the lawyer submitted a false document to the court. If she says it's her signature, you have nothing. If she says she didn't personally sign but that she authorized the signature, the court may want that irregularity resolved but you effectively have nothing.
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Quoting Cellardoor
I also know another individual....
Not even slightly relevant.
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Quoting Cellardoor
Additionally, the verbiage used in this individual's divorce case is almost verbatim as it is in mine.
That's because divorce complaints are largely written with boilerplate language.
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Quoting Cellardoor
I am curious if this attorney can be sued for Abuse of Process, and what would constitute evidence in this claim.
If your ex- goes to court and testifies in support of the petition submitted by her lawyer, or you sit on your hands and have a protective order entered against you by default, you have nothing. What are the chances that your ex- is going to go to court on the petition for the protective order, testify that everything in the petition is false, and testify that she didn't sign the petition? If it's right around zero percent, then that's also your chance of recovering any damages from the lawyer for supposedly abusing legal proceedings.
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Quoting Cellardoor
Also, I am curious if an attorney can write statements alleged to have been made by their clients on Restraining Orders, Protection From Abuse Orders, etc. using the terms "I" experienced this... this was done to "me"... etc. without documenting something to the effect of "written as dictated to me by..." along with the attorney signature.
Again, an attorney can type or transcribe a statement for a client. A lawyer can at times sign a document for a client, but that should be clearly indicated on the document. As it stands, your speculation that your ex- didn't sign is worth nothing in court. We're back to the question of whether or not she would testify that it is not her signature.
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Quoting Cellardoor
My major concern is a little but more difficult to process. My spouse experienced a mental health injury while working, and is currently on state approved medical leave for it. I cannot understand how or why an attorney can represent someone who suffers from this injury in a life changing decision like divorce. Am I wrong for thinking this?
If your wife is mentally competent, she can hire a lawyer and divorce you. If you do not believe that she is mentally competent, you can discuss your options with your lawyer -- such as whether it would make sense to petition for a guardianship or a guardian ad litem to make sure that her interests are protected.
You apparently do not have a lawyer of your own -- rather than dreaming up scenarios in which you eventually sue your ex's lawyer, get a lawyer now and worry about defeating her petition and completing your divorce.