How Can I Get a Website by My Stalker Shut Down?

[stalkingvictim]

What is the name of your state? NM

Hello, I'm looking for basic information on pro se actions I can take to have a libelous website shut down by a man who has been stalking me for several years. He has sued either myself and/or members of my family numerous times because he thinks he's the son of a famous dead person worth millions and that we have "secret" information that is preventing him from claiming his share of that person's estate. He is physically dangerous and mentally disturbed. He lives in CA, while I live in NM.

Recently, he posted a website about me under myname.com with highly defamatory (as in false, hurtful, damaging, at times irrational) material about me, accusing me of being a criminal under investigation by the federal government, defrauding the IRS, having an incestuous affair with my mother, injuring a child I've never met and causing her to be disabled for life, accusing me of lying repeatedly under oath (basically because I wouldn't lie during a deposition he forced me to give, and say he was the son of the famous dead person).

I have been advised to get a restraining order against this person, but I'm doing my best not to respond to his tactics and thus escalate his stalking dynamic to the point where he will use physical force. However, his website has cost me my job and is preventing me from getting other jobs because I work in a media-related industry, where this website is one of the first that comes up in a Google search about me. I have written to both the website's host provider and the domain name registration service, but neither will remove the website without a court order to do so. To complicate matters, both these businesses are in states other than NM and CA. What are my options? Is it possible for me to write a motion for an injunction to shut the site down? If so, how do I go about pursuing this pro se? What exactly does an injunction do? Does it shut a site down permanently? As you might guess, being out of work, I have no funds for an attorney.

Thank you for your help.
stalkingvictim

 

[quincy]

An injunction is a court order commanding or preventing an action. To get an injunction, you need to show the court that this is the only way to remedy the situation.

An injunction is fairly easy to get. You just need to go to your area courthouse and ask the clerk where to file an injunction. The clerk will provide you with information and forms. You will need to fill out an affidavit, swearing to the truth of what you are claiming. Once it is completed, the affidavit will be taken to a judge, and the judge will generally issue a temporary injunction right away and set up a hearing date.

It is important that, for the hearing, you have evidence of the defamatory material on the website and any other supporting evidence. The judge will determine at the hearing whether to issue a "permanent" injunction (which, unlike its name, is not necessarily permanent, but instead generally lasts a year - it is up to the judge to decide).

While at the court, you could also file for a personal protection order, which will prohibit this guy from engaging in further harassing behavior. If he is as dangerous and disturbed as you say, a personal protection order is important.

The PPO and the injunction are easy enough to do pro se. Most court clerks are willing to help you with any questions you have. If you decide to file a defamation suit against this guy for his website postings, however, I would definitely hire an attorney to do so.

A word of warning about PPOs - they do not provide personal protection, so you still have to be alert to the activities of this stalker. Having a PPO will, however, warn the police if you call that this fellow is dangerous and they should respond rapidly and accordingly.

 

[stalkingvictim]

Thank you

Thank you, Quincy. That is very helpful information. I'll ask about an injunction and PPO at the courthouse. I didn't want to have to file a restraining order--there are mixed opinions on whether or not this angers a stalker so much that he escalates his behavior--but it's becoming apparent I do need to act to protect myself and my family.

 

[quincy]

stalking victim -

I agree that sometimes PPOs can escalate behavior, but I think in your case this stalker has already escalated his behavior to an intolerable level.

Good luck to you!

 

[seniorjudge]

Thank you, Quincy. That is very helpful information. I'll ask about an injunction and PPO at the courthouse. I didn't want to have to file a restraining order--there are mixed opinions on whether or not this angers a stalker so much that he escalates his behavior--but it's becoming apparent I do need to act to protect myself and my family.

You need a lawyer; the folks at the courthouse are not supposed to give legal advice, but when they do, you shouldn't rely on it.

 

[quincy]

The court clerk can't give legal advice, but the clerk can direct and assist a person in finding the right forms to fill out. PPO and injunction forms are fairly straight-forward, and can be filled out easily without the help of an attorney - although, certainly, an attorney's assistance can be invaluable (but also very costly ).

 

[seniorjudge]

Sounds like legal advice to me....

The court clerk can't give legal advice, but the clerk can direct and assist a person in finding the right forms to fill out. PPO and injunction forms are fairly straight-forward, and can be filled out easily without the help of an attorney - although, certainly, an attorney's assistance can be invaluable (but also very costly ).

 

[quincy]

It does????

If the court clerk told the person what to write, then perhaps - but handing out forms???? I certainly would not want to hire an attorney just for THAT. Courts have the forms, clerks hand them out. No attorney needed.