Re: Any Lawy ers present?
WarEr4Christ wrote:
WJB,
I was looking to find out if I could counter sue for harassment on a situation that involves my wife, but after talking it over with her, we're going to let this thing ride out, and see what the Lord will have us do. Thanks for being willing to talk with me.....
No problem, I've helped other people on here as well, and I'm always willing to do what I can.
You've kept this general and it sounds like you have a direction in which you want to take this, but I still may have some insight that may prove helpful.
I don't know if you're mixing your terminology (and you don't have to clarify by letting me know anything more, and in the process divulge more information, I'm just going to give you some general advice), but I want to make sure you're clear on a concept, and give you some good sound advice on moving forward in a way that later keeps your options open.
1) Terminology: A counter-suit is different from a "counter-claim." You only "counter-sue" after you've been sued. You may have been asking me if you could file a "counter-claim" (which is what you would file after you've been served, but before you've actually had your day in court). I just want you to understand that 1) yes you can generally file a counter-claim, and 2) in many cases if you don't file your counter-claim and get heard at the initial trial you later lose your ability to counter-sue.
2) Even if you want to wait and see how this plays out, most situations involving harassment involve various points of contact, all of which may amount (and often do amount) to harassment, but you have to be able to prove it. The majority of time people let these various points of contact go unrecorded, and after a while they get fed up and start recording them. The issue the being trying to prove all of the points of contact prior to when the complaitant started recording the harassment.
IF you are still experiencing contact with the harasser, do yourself a favor and at least record in a journal or notebook the dates and times of the harassment, and at least record the general subject of the conversation or harassment. Do it immediately after the event and it will likely be admissible in court as evidence as a "present sense recollection of events." That way, if the Lord later tells you to get your justice in court, you have the ability to do so!
