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Defamation/Libel/Harassment etc.

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2k10

Junior Member
What is the name of your state (only U.S. law)? DE

I broke up with an ex-gf over a year ago. Since then she has been contacting people that I know with the intent to turn them against me. She has claimed that I threatened to kill her brother, that I ripped her off etc etc. I have had people contact me telling me she was contacting them via online.

I was also told by a 3rd party that my ex had several conversations about me. In one of them, my ex expressed a desire for me to die violently.

I collected a lot of information and I even went as far to contact law enforcement in three different states since she and I live in two different places. I even spoke with a prosecutor. Each official was in agreement that she has was harassing and stalking me. The prosecutor told me that if this case had been in their jurisdiction they would prosecute. One of the detectives told me to secure and save all forms of communication between us because it would be relevant to any future criminal case.

At the time I had no wish to press charges because I had a hope that she would tire of it and stop. I really did not wish to have her arrested even though I was repeatedly told that there was enough grounds to make an arrest.

About two months ago I found out that my ex had made a posting on a consumer website about me. She posted my name, my cell phone number, what she thought was my home address, my email, and she wrote a paragraph falsely accusing me of all kinds of crimes. She tried to create the false impression that I was only someone that she knew over the phone and through email. This is very false. She said she was writing it as a warning to others about me. I found out about all of this because I started receiving phone calls from people I did not know about it.

After seeing her entry on this website I showed it to several of my friends to ask for advice on what to do about it. I even called my local police department and they were concerned for my safety since she had posted so much personal information about me. I was encouraged to make a criminal complaint.

One of my friends decided to post a rebuttal to her accusations. He made an itemized list of how she has been attacking, harassing, and defaming me. When she made her original posting she did it anonymously so my friend posted her full name. It directly rebutted every false accusation she made.

When reading her original posting it became clear that she falsely tried to create the impression that she and I had never met face to face. That lead my friend to make another rebuttal posting in which he itemized by date every single time we spent time together, including where we stayed, what we did, and whether or not we had sex. The intent of the post was to show she lied in her original posting that it was a “phone/email relationship”.


A month ago I get this email from a lawyer in North Carolina (neither of us live there) that 1.) I cease and desist from making any further comments about his client. 2.) That I destroy evidence that a detective previously told me was related to her criminal conduct. 3.) That they could sue me for defamation and invasion of privacy.

Apparently this attorney believes that my friend discussing her sex life with me is far worse than her advocating my being murdered in cold blood and harassing and stalking me.

I sent this attorney an email outlining his client’s criminal conduct against me and made it clear that law enforcement considers me to be a victim of a crime. I also asked him if it was his intention to pressure a victim of a crime to destroy evidence. I have never gotten a reply to my email. I did speak to him on the phone and I repeated that I have the right to bring a criminal complaint against his client. His response made me feel like I was being threatened with retaliation if I took that route.

Now to my questions:

1.) How seriously should I take their threat to file a defamation lawsuit? Everything that was written by my friend was in response to her initial post falsely accusing me of crimes and posting all my personal information.

2.) What do I do about an attorney that is pressuring me to destroy evidence?

3.) I really feel like I was threatened with retaliation if I press charges against his client. How should I handle that?

Any advice will be greatly appreciated. Thank you.
 


cbg

I'm a Northern Girl
In your PM you asked me to respond, but I have to admit this is beyond my expertise, which is primarily related to employment-related issues (job references and the like). But if it were me, I would IMMEDIATELY consult with an attorney as to the best way to protect myself.

I'm sure others will have some advice for you as well.
 

Banned_Princess

Senior Member
I also was messaged to respond, and I agree you should try to consult with a lawyer in response to her consulting a lawyer.

Maby its time to request charges be brought criminally.
 

2k10

Junior Member
Thank you for your feedback. As it happens I just got off the phone with the police. When she made that first posting she had posted my phone number and in the last two months I have gotten about a dozen calls. Two of them including one today were threatening. I have tried to avoid pressing charges because she is my ex but at this point I believe it is unavoidable.
 

2k10

Junior Member
Yes and it is still available online as well.

I am going to follow up with the police tomorrow and find out which detective it is going to be assigned to and send them everything I have.
 

Banned_Princess

Senior Member
Yes and it is still available online as well.

I am going to follow up with the police tomorrow and find out which detective it is going to be assigned to and send them everything I have.
Very good. I hope you succeed in prosecuting for stalking and harassment.

As you know, from reading other post's, defamation / libel / slander cases are in short, for celebrities, so criminal is what you have.

She doesn't have nothing on you to feel threatened about, so don't worry.

At very least, you can probibly get an order of protection, but I dont think that covers talking about you.
 

2k10

Junior Member
I also left a voicemail for the DA in Wake County, her attorney is in Raleigh, I want to speak with them about her attorney pressuring me to destroy evidence.
 

Banned_Princess

Senior Member
I also left a voicemail for the DA in Wake County, her attorney is in Raleigh, I want to speak with them about her attorney pressuring me to destroy evidence.
Do no such thing. go speak with an attorney of your own instead.

Lots of lawyers give free consultations. Usually attorneys are all about the money, and unless their gonna get some from the suit (which you probably will never get ) they want you to pay them. but consultation is free, they will know what to do.
 

quincy

Senior Member
2k10 was generous with his PMs. I received one, too, and PMed him my advice.

A correction, Banned_Princess, to what you posted earlier. Defamation suits are NOT just for celebrities. In fact, celebrities are probably less likely to sue for defamation because public figures are held to a higher standard of proof. They must show that any defamatory statement made about them was published with actual malice (knowing falsity or a reckless disregard for the truth, and with an intent to do harm). This makes any defamation suit especially difficult to win.

Most defamation suits are filed by ordinary people against other ordinary people. These are not suits that are especially newsworthy, these are not multi-million dollar actions, and you will not run across them generally by Googling.

By the way, dk10, do NOT destroy any evidence and do NOT have contact with your ex or her attorney until you have spoken with an attorney of your own. If your friend is worried that what he wrote may be libelous, have the content of his postings reviewed by an attorney, as well.

You were wise to contact the police. They can handle the criminal matters, and your attorney can advise you additionally on what civil actions are available to consider.

Good luck.
 

2k10

Junior Member
Thank you for the response Quincy.

A couple of things.

1. My friend is not at all concerned about anything he wrote being libelous. Every statement he made can be backed up. He was just responding to her attacks on me.

2. No way in heck will I destroy evidence. I talked to the DA and in not so many words he was surprised that her attorney would put in writing a demand that I destroy something.

3. I am not worried about losing a defamation suit. I guess my biggest concern is if it is likely that some attorney can convince her that she would win. I don't want to have to deal with having to go through the ordeal of being in court. So I guess my question is, wouldn't her attorney have some kind of obligation to tell her that she does not have a snowball's chance?

This whole thing started when she went online, posted false claims that I threatened to kill her brother, that I robbed her, and that I was stalking her. She also posted my phone number and I have gotten so many harassing phone calls about it. I have been threatened twice, including a death threat. I have been keeping a phone log of every call I get related to her posting.
 

quincy

Senior Member
Any time anyone has gone to the trouble and expense of meeting with an attorney, and this attorney has taken the time to draft and send a notice advising that a lawsuit is being considered, there is some reason for the recipient of the notice to worry. This is the case even when it appears quite likely that the suit being considered has no merit and carrying out the threatened action is a remote possibility at best.

Defending against any court action is, as you noted, an ordeal, and that is why threats to sue if certain demands are not met can be effective. Some people in receipt of an attorney's cease and desist letter will decide to meet any reasonable demands just to put an end to the matter and to avoid court.

With any threat of an invasion of privacy and/or defamation lawsuit, it can be important to have EXACTLY what was written reviewed by an attorney. The attorney can better tell, after a review, if any suit could fly. Even seemingly innocuous statements, for instance, have successfully supported lawsuits in the past.

That said, an attorney would probably advise his client, after a review of all of the facts, if a suit has merit or not, or what the chances would be of prevailing in any action. A client may want to, and decide to, sue despite any odds.

It is also important to note that your ex-girlfriend may have provided the attorney she spoke to with "facts" that differ substantially from yours. Given her set of facts, the attorney may be convinced there is an action worth pursuing.

I will reiterate what cbg and Banned_Princess and I have all already told you - you should go over all of the facts with an attorney in your area to see where you stand against a lawsuit and what legal options are available for you to pursue against your ex-girlfriend.

Good luck, 2k10.
 
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