So, Millefuegos filed a lawsuit against him, alleging a claim for Intentional Infliction of Emotional Distress and specifically described his actions on the early morning of New Year’s Day. Most family law lawyers practice only family law. And this was certainly true of Howard Millefuegos’ lawyer at the “law for men” firm. By filing the second lawsuit, alleging a tort, he now had to find a second lawyer who understood how to defend civil cases (and who wanted to defend this kind of conduct). This one-two approach put Vashti Millefuegos in a strong position to negotiate a favorable resolution to the divorce case. Howard Millefuegos had no incentive to take an intentional infliction of emotional distress case to trial, with facts like the ones he created. The case resolved in her favor. Getting Away, Leaving Money Behind Too often, women leaving or fleeing abusive relationships are so relieved to be rid of the abuse that may leave significant claims unaddressed and substantial money on the table, putting them at a financial disadvantage and rewarding the abuser. As attorneys, we may want to ask our clients whether there are facts of abuse within the statute of limitations that could be asserted in the civil court contemporaneously with the dissolution negotiations. For younger clients, the statute of limitations for sex abuse has been extended until the victim is 40 years old. See ORS 12.117. The American Dream Meredith Issah is a 43-year-old woman who won the US Immigration lottery and came to America alone from Ghana almost 15 years ago. She is a mental health care professional who commutes daily to the Oregon State Hospital. After her husband, Winbil Aduku, who was also from Ghana, punched her in the face, loosening her tooth and splitting her lip, he knocked her to the floor and pulled a handful of her hair from her head by the roots. He put his foot on her. Issah called the police, who took her husband away in handcuffs. Though he was criminally charged, Issah worried that Aduku, the father of her nine-year-old daughter who was in the next room during the abuse, would not fare well in Portland’s criminal justice system as a black man, making things even harder for their daughter. Aduku moved out, but he would come back to the house unannounced, sometimes covering the cameras while taking things from the house. Issah sought and was granted a restraining order. Aduku contested the restraining order, and, after a trial, the judge found he abused Issah and ordered he stay away from her for a year. Thereafter, we filed a custody case. The parties were already divorced in Ghana, so we could not address the house in the domestic relations court. We would have to file a partition action. Issah paid for most of the down payment and had been making most of the mortgage payments. Aduku was being unreasonable about the house, refusing to tell her how much of the equity he wanted. To obtain leverage and to assert Issah’s rights in the house, and the right to her bodily autonomy, we filed a battery lawsuit in civil court contemporaneously with the custody case. Aduku filed a counterclaim, alleging Issah battered him and sought $550,000 in damages. Over the next year and a half, Aduku had four different lawyers, each of whom was unable to participate in meaningful resolution discussions. In April 2024, after a two-day trial, a jury returned a verdict in Issah’s favor, awarding her tens of thousands of dollars and declaring her former husband battered her and, as a result, she suffered non-economic damages. Issah’s pain and trauma were validated. The house remains in both their names, but now Issah has a credit against any interest he may claim. Wholistic Approach Having taken a wholistic legal approach to these cases, both women gained significant advantages in their divorce cases and their recovery from abuse. All it took was simply following through on other legal claims their now ex-spouses created through See Breaking the Silence p. 24 23 Trial Lawyer | Summer 2024
RkJQdWJsaXNoZXIy Nzc3ODM=