Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Suing Paramour Only

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Suing Paramour Only on Sat Sep 28, 2013 5:03 pm

remingtonsteele22


Arresto Menor
Hope you could give some advice before I go talk to a lawyer if ever I decide to push thru with my case.
Back in Aug. '11 I found out my wife was having an affair thru her phone's text msgs and upon confronting her she admitted.
Admitting and giving all the details that have transpired during her adulterous act. I took videos of her confession (with her approval).
I continued living with her till now just for the kids' sake, but have not been in speaking terms with her except with regards to the children's concerns. (I have 2 boys aged 10 and 14)
I would like to pursue suing her paramour and having him land in jail (I waited this long since I wanted to be sure I can afford the expensive process of litigation). I am willing to spend whatever amounts of money needed for which I think I have more than enough not that I have saved up.
My Questions:
A. Are the proofs I have admissible in court?
B. The prescription period of the said crime is it still valid?
C. Can my wife use the fact that we are still in 1 roof as an act of forgiveness?
D. My plan is to sue both then withdraw charges for my wife (I have no plans of landing her in Jail, just the guy)
E. Can I be charged for defamation or will this affect my suing them if I started a smear campaign in the "paramour" place of residence and the school for which his 2 daughters are studying"
F. Any idea how much would my budget be to make sure I win this case given all the facts listed (the "paramour" is also financially well off.
G. Do I need to solicit the media's help to make sure this trial will not be whitewashed given the fact the said "paramour" is well connected and financially sound.
Lastly what Law practice should I look for when I am ready to sue?
Thanks in advance and more power

View user profile

2 Re: Suing Paramour Only on Tue Oct 01, 2013 9:07 am

attyLLL


moderator
at this point, i do not believe a criminal case for adultery can still prosper because you will be considered to have forgiven your wife, which is a defense. you would have needed to include her in the charge.

You can consider a civil case for damages against the paramour instead.

As i stated in your other post, please don't start a smear campaign or target the guy's daughters else you will find yourself the one being charged with crimes.

in any case you will start, what is the most important is evidence.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: Suing Paramour Only on Tue Oct 01, 2013 9:24 am

remingtonsteele22


Arresto Menor
Again am very sorry for even thinking of the daughter's part of the equation and thank you very very much for the sound advise.
I have copied your reply and CAPITALIZED on some clarification i need, hoping for a reply.


at this point, i do not believe a criminal case for adultery can still prosper because you will be considered to have forgiven your wife, which is a defense. you would have needed to include her in the charge. ARE YOU ADVISING NOT TO PURSUE MY CASE OR ARE YOU ADVISING TO INCLUDE HER IN THE CASE FOR IT TO PROSPER?

You can consider a civil case for damages against the paramour instead. I DON'T QUITE UNDERSTAND SINCE THERE WAS NO MONEY INVOLVED WHY CIVIL CASE, WHAT WOULD THE CHARGES BE? I DO NOT HAVE ANY INTENTION OF BEING SEEN AS CHASING THE MONEY I JUST WANT HIM TO GO TO JAIL.

As i stated in your other post, please don't start a smear campaign or target the guy's daughters else you will find yourself the one being charged with crimes. THANKS AGAIN I HAVE ALREADY ERASED THAT IN MY BUCKET LIST.

in any case you will start, what is the most important is evidence. THE EVIDENCE I HAVE ENUMERATED "video confession" IS IT NOT ADMISSIBLE?

View user profile

4 Re: Suing Paramour Only on Wed Oct 02, 2013 11:38 am

attyLLL


moderator
whether you include her or not is no longer relevant because you forgave her, and that extinguishes their criminal liability.

the video can be used as evidence, but imo, it will be used more against your wife. confessions bind only the person confessing. would she be willing to testify?

a civil case for damages is allowed for interference in family affairs. the bar for evidence in a criminal case is higher than that of a civil case. if you can't jail him, then my recommendation is to go after his pockets.

i can understand your need for revenge. but be careful how taking legal action will affect your family.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: Suing Paramour Only Today at 2:51 pm

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum