defamation/slander/libel

[calamidee jane]

What is the name of your state (only U.S. law)? Florida
My ex is using my name and pictures on sex sites and pretending to be me. He makes me sound like a sleeze and even states the area in which I live. I can't be sure how many sites this is occurring on but I have proof in my computer about some of them. I have confronted some of the women he talked to online to tell them they are not talking to me. I have even befriended a few of them after they got the truth. Is there any way to sue him? I am sure he is still using my photos and name making like I am a woman looking for a woman. This has been going on for over 3 years!! What proof would I need to convict him? I have several things saved on my hard drives. I am sure if his computer were confiscated it would be full of it as well. Please let me know. I have a small child to protect and raise. If I apply for a job in this area I am liable to run into any of these sick creeps he has talked to and they will think I am the person he portrayed me to be!!

 

[swalsh411]

Nobody is going to break down his door and confiscate his computer so you can get that thought out of your head right now as this is a civil matter. Have you considered hiring an attorney to write him a strongly worded letter about how much money he may end up owing you if he doesn't stop? That might be enough to scare him.

 

[Mass_Shyster]

Just as a point of reference, I was recently quoted $6,000 to $20,000 for a forensic analysis of a computer, depending on how much time was spent.

 

[calamidee jane]

Got to be a way

This is a doctor not an uneducated man. I have told him for a long time that this could bring down his whole practice and let the community know what kind of person they are dealing with. I mean would you want your daughter to go to him for anything knowing he is a sick man that preys on females and drools. This is disgusting. He has me on a site that enjoys beatings, servant, submissive sickness. Really there has to be something that can be done. I have emails where I have told him to stop using my name and pictures for over 3 years. Then another site pops up. I could run into one of these sick people and they will recognize me but I will have no idea who they are and this puts my life at risk since they think I have written the things he has and that I enjoy it. I have a 6 yo son to think about and I am tired of trying to get him to stop. There has to be some better advice.

 

[Mass_Shyster]

Your first step is to collect the evidence that you have, and go to the police and file a complaint for cyberstalking. There are some screen capture utilities that will print whatever is showing on your screen. Collect up all the evidence you can, and go to the police. Unfortunately, it will be difficult to prove who actually posted the information online.

If the police will not get involved, that means you are on your own and will need to proceed with a civil case.

Typically, the first step is to have a lawyer send a cease and desist order. This has already been suggested. If that doesn't work, you can file a suit for an injunction enjoining him from posting your information on any website. Injunctions come in three flavors: Temporary Restraining order, preliminary injunction, and permanent injunction. A temporary restraining order usually only lasts ten days before a hearing is held to determine if a preliminary injunction should be issued. The preliminary injunction lasts until a trial is held to determine if a permanent injunction should be issued. During the discovery phase of the trial, you can subpoena the information from his computer to be used as evidence.

None of these things are do-it-yourself projects. You will need a lawyer for it. Many offer free consultations, and there's a chance you can recover attorney fees in a lawsuit or settlement.