Would a Cease and Desist be appropriate?

[alexia]

What is the name of your state (only U.S. law)? Oregon

Hello,

This is a very long story so I will try to keep it short and to the point. Several weeks ago, the wife of a man I was in relationship (I didn't know he was married) with sought me out and verbally attacked me in public. There were no physical blows and I tried to walk away, but she kept up the attacks. Though she said some horrible things, there were only words. When I tried to walk away again she kept up the threats and so I called the police. They were called out, and a report was filed.

Weeks later she was able to get into her husband's email account and found very personal information about me, about my disability and the insurance company that is paying my disability claim. She called my disability company and filed a "fraud" claim against me. I have been in contact with my company for the past two weeks trying to clean things up and make sure that there will not be an investigation against me. There are no proof of any wrongdoing, but they still have to follow up this claim, no matter how false it may be.

She has also contacted my ex (his email was in her husband's account), sent him dozens of emails sent him pages of text messages and email correspon, and made other threats to me about how she can ruin my life, including slandering my name and my business name online and other related threats.

Since she has contacted my insurance company and continues to communicate with them, I believe every threat she's made.

In this case would a Cease and Desist letter be of any benefit?

 

[Proserpina]

How do you know she filed a "fraud" claim?

 

[alexia]

She told me and her husband.

I called my insurance company and while they cannot tell me if a claim has or has not been filed, my contact wants me to send him every ounce of correspondence/email she has made alluding to that fact.

She has told me off the record that she (when I told him her name) has contacted their office.

 

[quincy]

A cease and desist letter could be of benefit. It can serve to contain the damaging comments to those already contacted, and it can work to halt any future defamatory communications made to others.

But a cease and desist letter has no force of law behind it, which means it can be ignored with no legal penalty. While these letters are often effective, they are not always effective.

I suggest you contact an attorney in your area and review all of the facts of your situation with him, and discuss the wisdom of sending a cease and desist letter to the wife.

While a future defamation suit is not out of the question, based on what you have posted here, defamation suits are expensive to pursue, can take a long time to work their way through the court system, and can result in a wider publication of matters you would prefer to keep private, which can result in reputational injury of its own.

Monetary damages are awarded in a successful defamation suit to compensate for the reputational injury suffered, but a defamation action cannot entirely repair the reputational injury that has already occurred.

Again, I suggest you consult with an attorney in your area, to discuss all possible legal solutions to your problem. Good luck.