Can I sue for emotional distress?

SydneyLarson78

New Member
Jurisdiction
Oregon
My cousin came up with accusations against my father. During this time, her mother, and other aunts, continuously harassed my mother and I. Anonymous messages would be sent on social media (like poems slandering my mother) to me at 12 years old. My mother was constantly bombarded with absolutely cruel messages from her own sisters. They were harassing us online and through messages for a period of time and they began to exclude us. This was all before they even pressed charges.

At one point an aunt I forgot I even had went to my school and got dhs to place me into foster care. My father was the one who allegedly harmed my cousin yet he wasn't harassed at any point. Only my mother and I. I know this was all based on a vendetta against my mother because they've always disliked her, have admitted to some of it, and the evidence didn't line up. Either way my father was taken to jail.

Since he's been gone, I wasn't able to afford continuing my therapy, my mental health deteriorated, and many bad things have happened to me because my dad is no longer around. My mother's health is rapidly deteriorating, she is suffering from health problems (diabetes, high blood pressure, etc.). She is stressed from having to provide and never having enough money. I've taken up two jobs and attend community college, because the emotional stress took a toll on my grades and I wasn't able to go to my first choice. My father was the one who took care of everything so without him our family has had nothing but problems because we simply never learned to live without him. Can I sue my cousin or my aunts or both for financial compensation since they removed our breadwinner? Or emotional damage? Foster care, the harassment, and the financial stress has basically ruined my life.

Do I have a case or will a judge consider me to just be whiny?
 
My cousin came up with accusations against my father. During this time, her mother, and other aunts, continuously harassed my mother and I. Anonymous messages would be sent on social media (like poems slandering my mother) to me at 12 years old. My mother was constantly bombarded with absolutely cruel messages from her own sisters. They were harassing us online and through messages for a period of time and they began to exclude us. This was all before they even pressed charges.

At one point an aunt I forgot I even had went to my school and got dhs to place me into foster care. My father was the one who allegedly harmed my cousin yet he wasn't harassed at any point. Only my mother and I. I know this was all based on a vendetta against my mother because they've always disliked her, have admitted to some of it, and the evidence didn't line up. Either way my father was taken to jail.

Since he's been gone, I wasn't able to afford continuing my therapy, my mental health deteriorated, and many bad things have happened to me because my dad is no longer around. My mother's health is rapidly deteriorating, she is suffering from health problems (diabetes, high blood pressure, etc.). She is stressed from having to provide and never having enough money. I've taken up two jobs and attend community college, because the emotional stress took a toll on my grades and I wasn't able to go to my first choice. My father was the one who took care of everything so without him our family has had nothing but problems because we simply never learned to live without him. Can I sue my cousin or my aunts or both for financial compensation since they removed our breadwinner? Or emotional damage? Foster care, the harassment, and the financial stress has basically ruined my life.

Do I have a case or will a judge consider me to just be whiny?

Let me make sure I understand what you are asking...

You want to sue the victim and her family because she reported a (apparently very bad) crime your father committed against her? He was found guilty and is in prison and since you couldn't be bother to learn some life skills you want to sue victim and family for you lackadaisical effort towards financial independence/success? Do I have this right?

Your being in foster care is a result of your fathers action against your cousin. I'm gonna guess that he raped her and you were placed in state care to keep you safe from both your father and apparently your mother. Likely you would not have been placed in state care if your mother agreed to stay away (and keep you away) from your father. She, apparently, would not do this. So sue mom for the angst of state care...it's her fault.
 
Let me make sure I understand what you are asking...

You want to sue the victim and her family because she reported a (apparently very bad) crime your father committed against her? He was found guilty and is in prison and since you couldn't be bother to learn some life skills you want to sue victim and family for you lackadaisical effort towards financial independence/success? Do I have this right?
No I want to sue my aunts for harassing my mother and I when I was a child. I don't care about my dad, if he really did do what he's being accused of then he deserves the punishment. He's irrelevant. I want to sue because 12 year old me was being harassed by grown adults and placed into foster care for a vendetta they later ADMITTED to. Again I was 12 and I missed out on learning life skills because my father wasn't around to teach them to me. My mother was unable to teach me anything because she had to work all the time, at one point we received an eviction notice. When she asked her sister for help she laughed and said it's what she deserves. My mother and I not once, not ever, and never will, approve of my father's actions. We never stood by his side we cut off all ties with him. Yet we were harassed. My cousin was an adult woman I was a child. I don't think you read the entire thing. I couldn't bother? I was 12. I want to sue my cousin for allowing her mother to harass a child.
 
No I want to sue my aunts for harassing my mother and I when I was a child. I don't care about my dad, if he really did do what he's being accused of then he deserves the punishment. He's irrelevant. I want to sue because 12 year old me was being harassed by grown adults and placed into foster care for a vendetta they later ADMITTED to. Again I was 12 and I missed out on learning life skills because my father wasn't around to teach them to me. My mother was unable to teach me anything because she had to work all the time, at one point we received an eviction notice. When she asked her sister for help she laughed and said it's what she deserves. My mother and I not once, not ever, and never will, approve of my father's actions. We never stood by his side we cut off all ties with him. Yet we were harassed. My cousin was an adult woman I was a child. I don't think you read the entire thing. I couldn't bother? I was 12. I want to sue my cousin for allowing her mother to harass a child.
You were placed in Foster care because of what was going on in your home. Your aunt doesn't have the ability to into your school and have CPS remove you. If you don't have life skill's at this point in your life...that is your fault! My God...what are you now? 40 or so? Your Dad wasn't around to teach you these skills because he was serving time for a horrible crime.

Go to therapy...there you will get the guidance/help you need for both life skills and emotional healing.
 
You were placed in Foster care because of what was going on in your home. Your aunt doesn't have the ability to into your school and have CPS remove you. If you don't have life skill's at this point in your life...that is your fault! My God...what are you now? 40 or so? Your Dad wasn't around to teach you these skills because he was serving time for a horrible crime.

Go to therapy...there you will get the guidance/help you need for both life skills and emotional healing.
This was before they made a police report, let alone pressed any charges. Anyone can have someone taken into foster care, if I went to my neighbors child school and made up a bunch of stuff dhs has to investigate and take away the child in the meantime. Because the investigation was cleared that's why I was returned home. Also I'm only 18. I'm trying my best. I was sexually assaulted when my mother and I were displaced. I never got help for that. I can't afford it nor do I have the time to get help because I'm working two jobs and going to school. Again my dad isn't around because he's serving for a false crime. One of my aunts ADMITTED it was a vendetta against my mother but that's NOT the point. My physical and mental health as well my mother's is ruined because of what they did to us NOT my dad. THEY HARASSED A CHILD AND HER MOTHER FOR NO REASON. I'm trying my best but honestly the things they said to me and did to me, the way I am now, had nothing to do with my dad. We are separate and should have been treated so. I was asking if I can sue for the harassment and lasting effects they committed against ME NOT MY DAD. It's a yes or no question stop being pretentious and acting like you know everything. And PLEASE FOR THE LOVE OF GOD read the whole thing before you reply.
 
Do I have a case or will a judge consider me to just be whiny?

You've not stated grounds for a good civil suit. Your cousin reported a crime that your father allegedly committed. Your father is in prison for it, meaning that either he plead guilty to the crime (e.g. took a plea deal) or he was convicted by a jury for the crime. That in turn suggests the state had sufficient evidence to convict him. That being the case, nothing suggests that your cousin made a knowingly false report of the crime. And in any event, she's not the one responsible for getting him sent to prison — the state did that.

The fact that your father was sent to prison and that it upset your life as a result is unfortunate, but not something you can sue anyone over. A lot of families get put in tough situations when one family member gets sent to prison. For those that are truly guilty of those crimes, they are to blame for that because had they not committed the crime they'd not be in prison.

You'll have to do the best you can to make your life better. Get whatever professional help you need and get support from family members and friends to help you with those things you have trouble doing yourself.
 
This was before they made a police report, let alone pressed any charges. Anyone can have someone taken into foster care, if I went to my neighbors child school and made up a bunch of stuff dhs has to investigate and take away the child in the meantime. Because the investigation was cleared that's why I was returned home. Also I'm only 18. I'm trying my best. I was sexually assaulted when my mother and I were displaced. I never got help for that. I can't afford it nor do I have the time to get help because I'm working two jobs and going to school. Again my dad isn't around because he's serving for a false crime. One of my aunts ADMITTED it was a vendetta against my mother but that's NOT the point. My physical and mental health as well my mother's is ruined because of what they did to us NOT my dad. THEY HARASSED A CHILD AND HER MOTHER FOR NO REASON. I'm trying my best but honestly the things they said to me and did to me, the way I am now, had nothing to do with my dad. We are separate and should have been treated so. I was asking if I can sue for the harassment and lasting effects they committed against ME NOT MY DAD. It's a yes or no question stop being pretentious and acting like you know everything. And PLEASE FOR THE LOVE OF GOD read the whole thing before you reply.
I'm very sorry...for some reason I was under the impression you were much older...and that impression tempered the way I responded to you. The life skills you are lacking you can learn from a life coach.
What happened to you as a result of the crime your father is not the fault of your cousin. It's just not. You are collateral damage. I highly suggest you seek help from a psychologist to deal with all the terrible things that have happened to you over the last 6 years.
 
I'm very sorry...for some reason I was under the impression you were much older...and that impression tempered the way I responded to you. The life skills you are lacking you can learn from a life coach.
What happened to you as a result of the crime your father is not the fault of your cousin. It's just not. You are collateral damage. I highly suggest you seek help from a psychologist to deal with all the terrible things that have happened to you over the last 6 years.
Thank you for your apology. I appreciate your advice. I don't have any money to get help. Since my aunts (not my cousin) were the ones who harassed me during the difficult time and are the reason why I am emotional unstable (I have meltdowns because of the way they treated me not my dad), that's why I asked if I could sue them so I can afford help. I just feel the need to clarify this because it comes across that you're under the impression that I care about what happened between my cousin and dad. Again I don't. I just don't. He's irrelevant and so is she. My question pertains to my aunts who harassed me and my mother. Please stop bringing up my dad because he's irrelevant. I'm asking if I can sue my aunts for harassing a child and causing emotional distress in a case irrelevant to the child. Anyway thanks I'll get help from a life coach and psychologist with the $0 and 0 time I have. Have a good day :)
 
You've not stated grounds for a good civil suit. Your cousin reported a crime that your father allegedly committed. Your father is in prison for it, meaning that either he plead guilty to the crime (e.g. took a plea deal) or he was convicted by a jury for the crime. That in turn suggests the state had sufficient evidence to convict him. That being the case, nothing suggests that your cousin made a knowingly false report of the crime. And in any event, she's not the one responsible for getting him sent to prison — the state did that.

The fact that your father was sent to prison and that it upset your life as a result is unfortunate, but not something you can sue anyone over. A lot of families get put in tough situations when one family member gets sent to prison. For those that are truly guilty of those crimes, they are to blame for that because had they not committed the crime they'd not be in prison.

You'll have to do the best you can to make your life better. Get whatever professional help you need and get support from family members and friends to help you with those things you have trouble doing yourself.
I don't really care about my dad, I know that sounds mean but yeah I resent him for not taking the allegations more seriously and prepping me better. I also don't care about my cousin because if it is true then she's a victim. What I do care about are my aunts who harassed me and my mother who were completely uninvolved in the case. Are there grounds to sue them for harassment and emotional distress? I had no ties to the case, I was only 12, and they forced us to move twice because they kept harassing us (my mother and I). My aunts were not affected by the case nor was I, yet they chose to involve themselves and attack me and my mom. Is there any possibility to make them pay for me to see a psychologist or life coach because they went out of their way to attack me? I doubt any of this will change your answer but I added it just in case. Anyway thank you for your time.
 
Thank you for your apology. I appreciate your advice. I don't have any money to get help. Since my aunts (not my cousin) were the ones who harassed me during the difficult time and are the reason why I am emotional unstable (I have meltdowns because of the way they treated me not my dad), that's why I asked if I could sue them so I can afford help. I just feel the need to clarify this because it comes across that you're under the impression that I care about what happened between my cousin and dad. Again I don't. I just don't. He's irrelevant and so is she. My question pertains to my aunts who harassed me and my mother. Please stop bringing up my dad because he's irrelevant. I'm asking if I can sue my aunts for harassing a child and causing emotional distress in a case irrelevant to the child. Anyway thanks I'll get help from a life coach and psychologist with the $0 and 0 time I have. Have a good day :)
I truly don't believe you have a civil case against your Aunts. But you can try and get a free consult with a local attorney ...can't hurt, right?

As for life coach and PhD? Have you applied for OR health insurance? Based on what you have said here you would qualify.


Oregon Health Authority : Apply for OHP : Oregon Health Plan : State of Oregon
 
What I do care about are my aunts who harassed me and my mother who were completely uninvolved in the case. Are there grounds to sue them for harassment and emotional distress?

It typically takes something pretty extreme to rise to the level of something that can get you an award for emotional distress. You did not specify in what state you and your mother were living at the time this occurred and, if different, in what state(s) your aunts were in, and that may make a difference. But you did tag Oregon as jurisdiction in your post, so I'll give you the Oregon standard for intentional infliction of emotional distress (IIED) claims:

An IIED claim requires plaintiff to prove three elements: (1) that defendants intended to cause plaintiff severe emotional distress or knew with substantial certainty that their conduct would cause such distress; (2) that defendants engaged in outrageous conduct, i.e., conduct extraordinarily beyond the bounds of socially tolerable behavior; and (3) that defendants' conduct in fact caused plaintiff severe emotional distress. McGanty v. Staudenraus, 321 Or. 532, 543, 550, 901 P.2d 841 (1995). Because proof of intent is often indirect and evidence of psychic harm is usually self-serving, proof of this tort largely turns on the second element, whether a defendant's conduct is sufficiently outrageous.

House v. Hicks, 218 Or. App. 348, 357–58, 179 P.3d 730, 736 (2008). There are a lot of annoying and harassing things a person might do that are nevertheless not something "extraordnarily beyond the bounds of socially tolerable behavior." Not knowing what your aunts did, I cannot say if their behavior would rise to that kind of level.

The other problem here is that you only have a limited time to sue for these kinds of claims. In Oregon, you generally have 2 years from the date of the act giving rise to the claim to sue for it. Oregon Revised Statutes (ORS) § 12.110. If you were under age 18 when that act occurred then the two years start to run when you turn 18. ORS § 12.160. So, if the harassment occurred when you were under 18, you had until you turned 20 to file the law suit. If the harassment occurred after you turned 18, you had two years from the the harassment took place to sue for it. If you waited longer than that, it's likely too late now.

If this all took place in some other state then the rules may be a bit different. You may consult a personal injury lawyer or two and see if you might have anything to pursue. Most give free initial consultations.
 
My cousin came up with accusations against my father. During this time, her mother, and other aunts, continuously harassed my mother and I. Anonymous messages would be sent on social media (like poems slandering my mother) to me at 12 years old. My mother was constantly bombarded with absolutely cruel messages from her own sisters. They were harassing us online and through messages for a period of time and they began to exclude us. This was all before they even pressed charges.

At one point an aunt I forgot I even had went to my school and got dhs to place me into foster care. My father was the one who allegedly harmed my cousin yet he wasn't harassed at any point. Only my mother and I. I know this was all based on a vendetta against my mother because they've always disliked her, have admitted to some of it, and the evidence didn't line up. Either way my father was taken to jail.

Since he's been gone, I wasn't able to afford continuing my therapy, my mental health deteriorated, and many bad things have happened to me because my dad is no longer around. My mother's health is rapidly deteriorating, she is suffering from health problems (diabetes, high blood pressure, etc.). She is stressed from having to provide and never having enough money. I've taken up two jobs and attend community college, because the emotional stress took a toll on my grades and I wasn't able to go to my first choice. My father was the one who took care of everything so without him our family has had nothing but problems because we simply never learned to live without him. Can I sue my cousin or my aunts or both for financial compensation since they removed our breadwinner? Or emotional damage? Foster care, the harassment, and the financial stress has basically ruined my life.

Do I have a case or will a judge consider me to just be whiny?

You want to sue a victim for reporting a crime your father committed? Seriously?

You can sue for anything, but it doesn't mean it will get far. Yeah you are being whiny. THEY didn't remove your "breadwinner." HE did that by whatever he did to your cousin. Your aunt can't "make" child services put you in foster care. You got put in foster care for a reason they determined you weren't safe in your home.

You said when you were 12 but now you're in college - so it's been about 6 or more years now right? You're an adult. You're the "breadwinner" now. Perhaps your dad shouldn't have done what he did to your cousin.

That's your fault you haven't learned to live without him. No one else's
 
No I want to sue my aunts for harassing my mother and I when I was a child. I don't care about my dad, if he really did do what he's being accused of then he deserves the punishment. He's irrelevant. I want to sue because 12 year old me was being harassed by grown adults and placed into foster care for a vendetta they later ADMITTED to. Again I was 12 and I missed out on learning life skills because my father wasn't around to teach them to me. My mother was unable to teach me anything because she had to work all the time, at one point we received an eviction notice. When she asked her sister for help she laughed and said it's what she deserves. My mother and I not once, not ever, and never will, approve of my father's actions. We never stood by his side we cut off all ties with him. Yet we were harassed. My cousin was an adult woman I was a child. I don't think you read the entire thing. I couldn't bother? I was 12. I want to sue my cousin for allowing her mother to harass a child.

Well too little, too late for that now. You should have done something then. Blocked them. Called the police and reported it. Now where's the proof?

Seriously? You don't need your dad to teach you "life skills." My mom wasn't in my life growing up. She was too busy cheating on my dad and put all her time and effort into that guy. Every other weekend she had off she took off. Yet somehow I still managed to learn life skills - yeah I had my dad but he couldn't relate to or teach me about being a female. He couldn't teach me about feminine hygiene stuff or how to relate to some things that my mom should have taken care of. I didn't have a female role model in my life yet I still turned into a functioning adult and woman.

Let it go and move on. Block those people out of your life and focus on your own and being an adult.
 
This was before they made a police report, let alone pressed any charges. Anyone can have someone taken into foster care, if I went to my neighbors child school and made up a bunch of stuff dhs has to investigate and take away the child in the meantime. Because the investigation was cleared that's why I was returned home. Also I'm only 18. I'm trying my best. I was sexually assaulted when my mother and I were displaced. I never got help for that. I can't afford it nor do I have the time to get help because I'm working two jobs and going to school. Again my dad isn't around because he's serving for a false crime. One of my aunts ADMITTED it was a vendetta against my mother but that's NOT the point. My physical and mental health as well my mother's is ruined because of what they did to us NOT my dad. THEY HARASSED A CHILD AND HER MOTHER FOR NO REASON. I'm trying my best but honestly the things they said to me and did to me, the way I am now, had nothing to do with my dad. We are separate and should have been treated so. I was asking if I can sue for the harassment and lasting effects they committed against ME NOT MY DAD. It's a yes or no question stop being pretentious and acting like you know everything. And PLEASE FOR THE LOVE OF GOD read the whole thing before you reply.

This: "Anyone can have someone taken into foster care..." wrong. That's not how it works. If you report some type of abuse or neglect, they investigate it and if it's proven, then they remove the kids.

Example: My ex SIL had child services called on her but didn't lose custody of her kids. They didn't take the kids away because they didn't find anything. I later found out apparently her mom called them because she heard (small town) that my ex SIL's husband may have been dealing drugs out of the house. People saw cars coming and going late at night at their house (again small town so people are nosy and see everything). But again she didn't lose her kids and they talked to the kids too. I mean her husband is an alcoholic POS but they found no neglect and no abuse.

Another example: my ex's oldest son went to school five years ago (I was with my ex and pregnant with our daughter) and showed them welts on his back and said his stepdad beat him with a belt. So they took him and his siblings and two went to foster care because an uncle could only take two at once. So he went from foster home to foster home until eventually they gave the stepdad custody for some odd reason. The mom had started using again and was in and out of jail. So the person who actually beat the kid got the kid at the end of it.

There must have been some sign of abuse or neglect that caused them to remove you because they won't remove kids just on an accusation.
 
Sydney, you are absolutely wrong that "anyone can have someone taken into foster care". I have a friend who was beaten so badly by her parents that she ended up in the hospital in a coma. She had family members who went through the training and inspections and approvals to become foster parents so that they could take her when she came out. CPS was involved and everyone involved agreed that she needed to be removed from the home and put in foster care. It still took a YEAR before it happened. (She has health issues to this day because of it.)

If you were put in foster care it wasn't because your aunt, or anyone else, had the power to do it against the will of the state.
 
At one point an aunt I forgot I even had went to my school and got dhs to place me into foster care.

I hope it goes without saying that this didn't happen just on your aunt's say-so. You wouldn't have been removed unless an actual investigation revealed some serious issues in your home.

Can I sue my cousin or my aunts or both for financial compensation since they removed our breadwinner? Or emotional damage?

Anyone can sue anyone for anything, but your cousin and aunt did not "remove" your father from your home. He was incarcerated because he was convicted of committing one or more crimes.

Do I have a case

Nothing you've posted suggests you have any viable lawsuit against anyone. However, your post is short on clear facts and long on conclusions, so it's impossible to fully assess the situation.

I don't care about my dad, if he really did do what he's being accused of then he deserves the punishment. He's irrelevant.

Except that, in your first post, you wrote that you want to sue your cousin and aunts "since they removed our breadwinner."

I want to sue my cousin for allowing her mother to harass a child.

I doubt your cousin had any control over what your aunt (your cousin's mother?) did.

It's unfortunate your childhood sucked, but now you're an adult, and you get a chance to control your own destiny. Your life is only ruined if you allow that to be the case.
 
You want to sue a victim for reporting a crime your father committed? Seriously?

You can sue for anything, but it doesn't mean it will get far. Yeah you are being whiny. THEY didn't remove your "breadwinner." HE did that by whatever he did to your cousin. Your aunt can't "make" child services put you in foster care. You got put in foster care for a reason they determined you weren't safe in your home.

You said when you were 12 but now you're in college - so it's been about 6 or more years now right? You're an adult. You're the "breadwinner" now. Perhaps your dad shouldn't have done what he did to your cousin.

That's your fault you haven't learned to live without him. No one else's
Yeah I see your dad also wasn't able to teach you how to read. Please come back and answer my question when you do learn because none of what you said pertains to my questions. Thanks have a good day.
 
I hope it goes without saying that this didn't happen just on your aunt's say-so. You wouldn't have been removed unless an actual investigation revealed some serious issues in your home.



Anyone can sue anyone for anything, but your cousin and aunt did not "remove" your father from your home. He was incarcerated because he was convicted of committing one or more crimes.



Nothing you've posted suggests you have any viable lawsuit against anyone. However, your post is short on clear facts and long on conclusions, so it's impossible to fully assess the situation.



Except that, in your first post, you wrote that you want to sue your cousin and aunts "since they removed our breadwinner."



I doubt your cousin had any control over what your aunt (your cousin's mother?) did.

It's unfortunate your childhood sucked, but now you're an adult, and you get a chance to control your own destiny. Your life is only ruined if you allow that to be the case.
Yeah I definitely used the wrong words sorry. During this time my aunts harassed me, not my cousin. It got to the point where I had to move so they wouldn't know where we lived. I have multiple messages from multiple aunts berating me and my mother with hateful messages. Almost none of which relate to my dad. They laughed when we were displaced and starving and even took pride in it. They have harassed me even to this day, although none of it was physical. It left me traumatized and unstable which is why I want compensation so that I may afford to get treatment. I'm asking if I have enough grounds to sue my aunts, not my cousin, for the emotional distress they have caused me. I am not able to have healthy relationships with myself or with others and cannot receive treatment because I have to work and have to go to school. I hope this clarifies things. Thank you for our time.
 
Yeah I definitely used the wrong words sorry. During this time my aunts harassed me, not my cousin. It got to the point where I had to move so they wouldn't know where we lived. I have multiple messages from multiple aunts berating me and my mother with hateful messages. Almost none of which relate to my dad. They laughed when we were displaced and starving and even took pride in it. They have harassed me even to this day, although none of it was physical. It left me traumatized and unstable which is why I want compensation so that I may afford to get treatment. I'm asking if I have enough grounds to sue my aunts, not my cousin, for the emotional distress they have caused me. I am not able to have healthy relationships with myself or with others and cannot receive treatment because I have to work and have to go to school. I hope this clarifies things. Thank you for our time.
Do you understand how much it costs to file a civil suit? A lot. Attorneys make between $150.00-$2000.00.

Please give a detailed example of the "harassment" these aunts committed against you.
 
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