Johnny Depp & Amber Heard’s Divorce & Restraining Order Drama: Criminal Lawyer Weighs in – E! Online

8 months ago Comments Off on Johnny Depp & Amber Heard’s Divorce & Restraining Order Drama: Criminal Lawyer Weighs in – E! Online

Heard can also sue Depp for assault and battery in a civil case: “When we are about a civil case, we are talking about money when we are talking about a criminal case, we’re talking about somebody potentially going to jail, somebody being prosecuted by the government,” Slaten told E! News, adding that a civil case “would be separate from the divorce proceedings.”

“You can sue somebody for intentional infliction of emotional distress, negligent infliction of emotional distress,” he added. “You can sue somebody for interference with prospective economic advance—you are trying to mess with somebody’s livelihood, you’re trying to mess with somebody’s business or somebody’s ability for earning a living. Anyone can sue anyone for anything. Whether you are going to be successful is another thing but when you file suit against someone you are going to throw in everything plus the kitchen sink to see what sticks.”

Depp could also sue Heard: “If he alleges none of this stuff actually happened, he could sue her,” Slaten said. “For the same thing—interference with prospective economic advantage, for defamation of character.”

The restraining order will not affect the divorce, temporary or not: “In California, we have no fault divorces,” Slaten told E! News. “Which means it doesn’t matter if someone cheats, or if someone is alleged to be violent. In California, if you want a divorce, you get a divorce. You don’t have to prove that one side was bad or that somebody did something wrong. You can just say you don’t like the way someone smells anymore and you get a divorce, and then it’s 50/50.”

How will their assets be split? “If he didn’t have a prenup, than the law says that anything you had before the marriage is yours and everything acquired after the marriage is 50/50,” Slaten said. “So any future royalties for movies that they made while they were married would be 50/50, but anything after the date the divorce is filed—not the date that it is finalized, but the date she filed for divorce—that moment after is separate property.”

He said if Heard is granted spousal support, it is “going to be rather slim because they were only married for 15 months.”

“Usually they give one and a half to two times the amount of the time they were married,” Slaten said. “She would be looking at a maximum of 30 months for spousal support.”

Johnny Depp & Amber Heard’s Divorce & Restraining Order Drama: Criminal Lawyer Weighs in – E! Online