Call to legal department Jan 6, 2012

by koolaid-man 65 Replies latest jw friends

  • Justitia Themis
    Justitia Themis

    He needs to prove three elements

    1-his wife really loved him before all of this mess. That will be difficult to prove because it is subjective to her, and she can simply testify that she loved him less and less with time.

    2-the elders, CO, WTBTS "with willful intent" sought to destroy their relationship. Again, difficult to prove. Proving that their policies resulted in the destruction of their relationship is not enough. He needs to prove that in their minds, they said 'Hey, I want to destroy Rick's marriage, so I am going to do X,Y, and Z.'

    3-damages. However, the Illinois Alienation of Affection Act gutted damages by disallowing, pain, suffering, emotional distress, and courts have denied attorney's fees. So what damages does he have left? Having to pay child support isn't going to satisfy this prong. Parents have a duty to support their children regardless of what happens in life, and whether he lives with his wife and supports his kids through commingled finances or lives separate from his wife and supports his kids through child support, he still has the duty. He is not burdend with any duty after the divorce that he didn't have before the divorce=no damages. Did his wife make more money so that now he is losing a standard of living that he previously enjoyed? Doubtful=no damages.

    Additionally, the courts have said they will subject the claims to "very close and strict scrutiny." Code for you better have a lot of hard evidence to prove your case.

    And he has to prove these elements for each person/group. He has to prove that the elder sought, with willful intent, to destroy is his marriage, that the CO willfully intended to destroy his marriage, and that the WTBTS's goal was to destroy his marriage.

    Intent alone destroys his case.

    The best advice has already been posted: He should use his energy to maintain his relationships with his children.

  • Crisis of Conscience
    Crisis of Conscience

    Rick, thanks for sharing. A sad thing to see indeed. I wish this man has some sort of success. He seems to deserve it.

    Watching the video really made me nauseous about what I've been a part of all these years.

    Also, hearing that call to the society, I was in shock for a moment. The brother that initially answered and connected this man to the legal department is someone I know. There is no mistaking his voice. And he sounded like a prick once he realized this call wasn't for "spiritual assistance". What a surprise.

    CoC

  • exjehovah
    exjehovah

    I have been thinking about writing a letter to this organization/publishing empire/cult entitled "How Jehovah Witnesses destroy families", but I wonder the best way to get the true message across. These people will just use this as affirmation, so I really want to send something to them and also to the media, to at least show from my personal experience how DANGEROUS this group is when anyone dares to leave and the majority of their family remains in.

    - Family will cut you off up and including refusing to speak to you

    - Spouses, children, parents will alienate contact and disrupt your relationship

    All strictly because you make a choice of your own free will to reject their religious teachings.

    I am positive there is a huge portion of the group that realize the fakery of this religion but don't want to lose contact with family and friends...

  • red21
    red21

    I feel bad for this guy too. Good job posting Rick. This guy is really hurting but he is so sadly mistaken to think the "organization" actually cares about us individually. As Franz said, they will work so hard to get someone new into the org but put little effort into keeping anyone. This guy needs to divorce and move on and get FULL visitation rights UNSUPERVISED. That is bull crap to put up with. I know ridiculous witnesses and they will always be uber super-self righteous and never change!!!! A stupid "sister-in-law" of my 60 yr. old sister actually said she needed a chaperone at the house with her husband and he other brother-in-law while her husband was in the hospital DYING of cancer and nearly dead. Chaperon a 60 yr. old woman!!!! My god, how crazy these people are. I came out and told her that she is a product of her training...as much as she is stupid, the JW org. taught her to be this stupid!!!!

  • Mary
    Mary

    Unfortunately, 'Freedom of Religion' still trumps everything, including what it does to families, marriages and lives. Until our countries realize that 'Freedom of Religion' should not be a blank cheque for cults to destroy people's lives, cases like this are going to continue.

  • OUTLAW
    OUTLAW
    Unfortunately, 'Freedom of Religion' still trumps everything, including what it does to families, marriages and lives.....Mary

    Unfortunate but True..

    He doesn`t have a "Snowballs Chance in Hell" of getting Justice..

    ......................;-)...OUTLAW

  • moshe
    moshe

    The only winners are the lawyers who get their fees- win or lose- and they will lose.

  • Meeting Junkie No More
    Meeting Junkie No More

    What a horrible situation - thanks for posting this. Can't say I enjoyed watching, but it was an eye-opener for sure. My heart aches for the children in this saga most of all.

    The law, as we all know, is an ass. These days, at least we have the Court of Public Opinion - I think this might make a very interesting Oprah show...not sure how to go about getting it there but for sure it would stimulate debate all around. Shine a very bright light into a very dark corner...make some people SQUIRM - other minds more capable than mine could perhaps guide this brother in his next moves. It is so very commendable to see his lack of vindictive mood and intent, I think that gives him all the more credibility. As he mentioned, he is documenting his journey, which saga could make a very interesting book/movie in the near future. Kudos on the tape of the call to the Legal Department. I wish him Godspeed and am interested to be kept updated on this journey - have taken note of his website.

    Gearing up for another David/Goliath showdown - we all know who won that one!

  • Band on the Run
    Band on the Run

    Yes, Free Exercise trumps human decency. If it were not a bar, proving causation would be very difficult. The only way to know would be to consult a local lawyer familiar with court rules and local law. Knowing what local courts do on a practical basis is almost as important as knowing black letter law. I wonder if some lawyer in Ill. does not specialize in divorce and relgion. A similar situation often exists with Orthodox or Conservative Judaism.

  • james_woods
    james_woods

    A similar situation often exists with Orthodox or Conservative Judaism.

    But don't they, like the Catholics, generally try to oppose divorce rather than encourage it?

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