If someone interfered with your marriage and had sex with your spouse, you may be able to sue for money damages. North Carolina allows lawsuits for “heart balm” cases: Alienation of Affection and Criminal Conversation. While related, they’re technically separate grounds to file suit. What is the law on criminal conversation? “Tort” law can be a bit complicated, so here goes:
Criminal Conversation lawsuits are normally brought by the innocent spouse against he guilty spouse’s lover. Heart balm cases have been challenged on legal issues involving:
- Free Speech
- Free Expression
- Free Association
- Substantive Due Process
- North Carolina Land of the Law Clause
Claims for Criminal Conversation allow the plaintiff to seek compensatory relief for:
- Out of Pocket Damages
- Damages compensating any intentional infliction of emotional distress
- Punitive Damages for malicious conduct
Punitive damages claims routinely accompany heart balm cases. NC Courts often play an important role in enforcing and collecting punitive damages in Alienation of Affection and Criminal Conversation cases.
The purpose of punitive damages is to:
“Punish a defendant for egregiously wrongful acts and to deter the defendant and others from committing similar wrongful acts.”
