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  • 1.  Client taped without her knowledge / Ex disseminates video / Civil aspects

    Posted 06-15-2016 03:40 PM
    Client's (post-divorce) boyfriend taped them without her knowledge having sex. When they broke up, he sent the video file to her ex-husband, who further disseminated it within their (highly religious) community. The emotional damage cannot be calculated... Husband was charged and took PTI for his role.

    Client would like to pursue civil options against both ex-husband and (unfortunately judgment-proof) ex boyfriend.

    Would the tort be defamation, invasion of privacy, outrage.... Not sure. And concerned about the statute as this happened in March of 2015 - she was absolutely (I could testify if not her counsel) psychologically unable to pursue this earllier. I got her to a therapist, but it's taken this long for her to be able to think about moving forward with a civil suit. Has anyone "been there" on this? I'd love to see sample pleadings, etc.

    Any help appreciated.

    Thanks,


    <x-sigsep>

    </x-sigsep> David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222


  • 2.  RE: Client taped without her knowledge / Ex disseminates video / Civil aspects

    Posted 06-15-2016 04:31 PM
    Might be worth looking at the "NJ Causes of Action" book.

    I am not familiar with NJ law on the tort of Intentional Infliction of Emotional Distress elements but it might fit. I don't know if NJ requires physical manifestation of harm suffered or not.

    Also, I know "judgment proof" is commonly used but I try to use "collection proof" since you can get a judgment against a person who you know does not have wages or assets to satisfy the judgment. I only point this out because collection proof status can change so it may be worth pursuing a judgment against an individual even if that individual is currently collection proof. I had a client who in a prior matter, against legal advice, didn't pursue a judgment because the individual was collection proof. But not only did he get his business back on its feet (as legal counsel thought was a really strong possibility) but the guy won the lottery . . . all right after the SOL expired . . .

    In any event, I wish you luck in your civil actions. I believe what the men did is often referred to as "revenge porn" in the DV context. Not sure the phrase fits exactly but that is what I have heard.

    Please let us know how this turns out.

    Anne

    Anne Cralle, Esq.
    Law Office of Anne Cralle, LLC
    276 Main St.
    Metuchen, NJ. 08840
    732-829-5805

    Sent from my iPad


    Original Message


  • 3.  RE: Client taped without her knowledge / Ex disseminates video / Civil aspects

    Posted 06-15-2016 04:38 PM
    Also in terms of SOL, I wonder when the last viewing of the video took place or, if it was posted on a forum, when was the last day it was available? And did anybody download it and keep it and still have access to viewing it to this day?  I also wonder when the last time anybody made any remark to her about the video?  





    Sent from my iPad



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  • 4.  RE: Client taped without her knowledge / Ex disseminates video / Civil aspects

    Posted 06-15-2016 05:19 PM

    General tort, two years may apply -


    http://lis.njleg.state.nj.us/sd42images/tab.gif2A:14-2. a. Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this  State shall be commenced within two years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday.

     

    Next question: how to hammer money out of the two men. this is an art in itself, and not easy.

     

    one good point: probably will not be dischargeable in bankruptcy, Section 523(a)(6) of the Bankruptcy Code excepts from discharge any debt "for willful and malicious injury by the debtor

     

    so can pursue forever, basically (well, 20 years plus can renew for another 20 years on motion filed with the Superior Court

     

    condolences to your client. this should not ever happen to anyone.

     

     

     




    Original Message


  • 5.  RE: Client taped without her knowledge / Ex disseminates video / Civil aspects

    Posted 06-15-2016 05:37 PM

    It's domestic violence. That much is quite clear.

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585

    Original Message


  • 6.  RE: Client taped without her knowledge / Ex disseminates video / Civil aspects

    Posted 06-15-2016 06:24 PM

    I recall a NJ case just like this about taking naked photos and displaying them.


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ



    Original Message


  • 7.  RE: Client taped without her knowledge / Ex disseminates video / Civil aspects

    Posted 06-15-2016 08:56 PM
    Thanks for responses. Yes, it's DV, Curtis, but she already has a FRO. Very few cases really "get under our skins" when we've done this for a while, but this was one - she was essentially raped in front of the children out of a belief that doing so "would prevent the boys from turning gay", held hostage and threatened with a hot iron... I won't continue. And you meet the guy and he comes off as completely reasonable and like a nice guy. Fortunatily, on advice of prior counsel, she'd taped a conversation with him, which was brought out on cross in the DV trial, where he had been denying everything and the transcript shows the judge had been leaning in his favor on credibility until he heard it. Just astounding -- he eventually agreed to 15 years of high alimony on a 6 year marriage to avoid a trial (one of the reasons I was among those strongly opposing retroactive applciation of any alimony guidelines).

    And then he does this. It should have been (at least) a full prosecution for revenge porn and a violation of the FRO since he knew what it would do to her in the community. But, pushing it that way would have resulted in prison and then she and the kids are without support, so she agreed to PTI. Plus, to my shock, he'd apparently charmed the prosecutor (at least at first) to where they were being "nice" to him. There are some scary evil / sick people in this world.

    Enough venting - thanks for the responses. I rarely "go for blood", but we're pursuing every possible civil remedy and all the damges that we can. I'm glad she's finally ready / emotionally able to do so.


    <x-sigsep>

    </x-sigsep> David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222



    Original Message