Falsified arrest document being circulated

[mjosmam]

What is the name of your state (only U.S. law)? New york
HERES MY STORY...WHAT CAN I Do?????
A false arrest report has been created about me with the threat to circulate it. i do have an email wherein one party admits the other party claims to have hired a private investigator to do a search on me. The results are grossly untrue. i have a copy of this paper w/ an http: address at the bottom to prove where it came from and i have the written word of one person acknowledging its existence. I have a high level position in a government/city agency and am a single parent supporting three children. I cannot have this damaging untrue falsified document circulating. My relation to this person(s) is embarrasing: met a guy that lied about being divorced. I have already filed a complaint (aggravated harrassment) with intent to obtain a restraining order with my locat precinct and the detective on the case has a photocopy of the falsified document. The spouse has physically threatened me and has threatend to contact my employer and has made vile derragotory statements about my children via cell phone messages, texts and landline. I have ended all contact with this person, however this falsified document can still gravely damage my life. Please help.

[quincy]

You are dealing with the threats you have received in the way that you need to - by contacting the police, filing an harassment complaint and looking to get a restraining order.

You could also consider having an attorney send a cease and desist letter, advising that a restraining order is being sought, and that legal action is being considered and will be pursued if any defamatory statements are communicated to others.

Based on what you have posted here, you have no defamation action you can pursue at this point, for two reasons. One reason is that comments made to you alone are not reputationally injurious. It is only when defamatory statements are communicated to others that statements become actionable. The second reason is that, if what is threatened to be revealed is true (that you dated a married man), it would not be considered defamatory. Defamation is the communication of false statements of fact.

I think that your best bet is to get the restraining order and hope that that is all it will take to resolve your problem.

Good luck.

[mjosmam]

Thanks! the false information being circulated is a falsified court document stating that i was arrested for prostitution. To the unknowing eye the document looks real - the damage this could to my life is ... i dont even want to think about it.
The document is titled as if it came from a new york state court house etc., it appears realistic because its a good cut and paste job more than likely off the internet.
is it criminal to create a falsified document and circulate it as it is a real court document?

[quincy]

It is not generally illegal to create fake documents. The illegality comes with how and why these fake documents are used.

As an example: There are companies that make "funny" fake ID cards. There is nothing illegal about that. If a fake ID card is created to mimic a real ID card, however, and is specifically doctored for use by a minor to purchase alcohol, then its creation and use becomes a crime.

This is the same with the document the wife has made about you. There is nothing illegal about her creating the fake court document. As soon as she tries to pass this document off as real, she could be violating the law.

If this document looks authentic and someone who saw it would think it came from a New York courthouse, and if this document indicates falsely that you were arrested for prostitution, then it would be defamatory if it is circulated among others.

If the wife has only shown the document to you and has only threatened to distribute it, what she is doing may be considered harassment, but the existence of the document itself would not yet be illegal as it would not yet be defamatory.


As an aside: Although creating phony documents may not be illegal in itself, those creating phony documents can find themselves being investigated - this is especially true if it is learned someone is making phony money. The Feds will not be amused with a dollar bill creator, unless the phony dollars are colorful, smaller or larger than the original bills, and cannot be mistaken for the real thing.

[debtcollector`]

Originally Posted by quincy

this is especially true if it is learned someone is making phony money. The Feds will not be amused with a dollar bill creator, unless the phony dollars are colorful, smaller or larger than the original bills, and cannot be mistaken for the real thing.

Something we learned in college with photocopying cash to use as play money for a "casino night." Our chapter president had a very long intense discussion with his dad and some guys lacking a sense of humor. We used Monopoly money after that.

DC

[Country Living]

Originally Posted by debtcollector`

Something we learned in college with photocopying cash to use as play money for a "casino night." Our chapter president had a very long intense discussion with his dad and some guys lacking a sense of humor. We used Monopoly money after that.

DC

In dark suits and wearing sunglasses?

Lilnda Ellerbee wrote about the Democratic convention... probably somewhere around 30 years ago.... wanting passes that couldn't be illegally duplicated so they printed passes to look like "money". The secret service was discretely asked if they were aware the passes looked exactly like real money. Same size, same everything. The secret service folks were not amused. Not at the folks at the convention for doing it - at the media for figuring it out.

[mjosmam]

thanks all...for the advice and the humor...and the suggested reading!
this chapter is over - the men in dark suits did show up to address the other party who created the 'cut and paste job' to tell them they were not amused.
I have decided to STAY HOME and READ!! Thanks All!