Slander? I’ve never needed legal help before, so will someone please help me?

[ob1coby]

Slander? I’ve never needed legal help before, so will someone please help me with this situation?

I’m from MT. and I’m visiting my mom and sister in Co. I don’t care for the way my sisters new joke of a boyfriend treats her or my mom so we got into it. More accurately I should say that he demonstrated the most impressive display of a temper tantrum I have ever seen from anyone over the age of three. In that demonstration he threatened, and I quote



“If you mess with me I’ll go to your job in the Federal Government and tell them that you hit on little girls, are a homofob, threated me with physical violence and whatever else. I’ll get you fired in five minutes” .

Now, I know he can’t actually hurt me. I’ve never done anything that would cause any kind of disciplinary action, but in this day of “an accusation can be as bad as a conviction”, an investigation can leave a bad taste in the mouth of my superiors, and I can’t even risk that.



I would like to cause, (Maybe a restraining order), that if he wants to try to get me in any kind of trouble, he will have to go to the police or an attorney and build a case. But, he can’t just contact my place of employment and spout off accusations that could cause indirect harm.



Is there any way I can do this? Thanks for any help.

 

[quincy]

Slander? I’ve never needed legal help before, so will someone please help me with this situation?

I’m from MT. and I’m visiting my mom and sister in Co. I don’t care for the way my sisters new joke of a boyfriend treats her or my mom so we got into it. More accurately I should say that he demonstrated the most impressive display of a temper tantrum I have ever seen from anyone over the age of three. In that demonstration he threatened, and I quote



“If you mess with me I’ll go to your job in the Federal Government and tell them that you hit on little girls, are a homofob, threated me with physical violence and whatever else. I’ll get you fired in five minutes” .

Now, I know he can’t actually hurt me. I’ve never done anything that would cause any kind of disciplinary action, but in this day of “an accusation can be as bad as a conviction”, an investigation can leave a bad taste in the mouth of my superiors, and I can’t even risk that.



I would like to cause, (Maybe a restraining order), that if he wants to try to get me in any kind of trouble, he will have to go to the police or an attorney and build a case. But, he can’t just contact my place of employment and spout off accusations that could cause indirect harm.



Is there any way I can do this? Thanks for any help.

It would be slander if the charming fellow carries through with his threats to spread lies about you to others, but words told to your face in a heat-of-the-moment argument are just words told to your face.

If there are physical threats, or you feel your sister, mom or yourself are in physical danger, you can report this guy to the police - and then, perhaps, you could get a restraining order.

But his words cannot at this point in time support any sort of legal action.

 

[tranquility]

While a restraining order could be had for the threats, such an order would be for physical protection or threatening communication. There is not ever going to be a pre-publication restraining order for what he might say to others regarding his opinion about the OP.

 

[ob1coby]

Maybe I should have been more specific. I'm not concerned with the things he has said so far. I want to prevent him (if possible) from going directly to my employer and spouting accusations. They have no merit and would go nowhere, but the process could cause indirect damage if an investigation ensued.

 

[tranquility]

Maybe I should have been more specific. I'm not concerned with the things he has said so far. I want to prevent him (if possible) from going directly to my employer and spouting accusations. They have no merit and would go nowhere, but the process could cause indirect damage if an investigation ensued.

As I said, that is not going to happen.

See also:
First Amendment

 

[ob1coby]

While a restraining order could be had for the threats, such an order would be for physical protection or threatening communication. There is not ever going to be a pre-publication restraining order for what he might say to others regarding his opinion about the OP.

Sorry. I didn't see this before I posted my last reply. So, just to get this straight, If I want to hurt someone, I can go their place of employment and say things, (even if false) that I hope will get them fired?

legal??
unpreventable??
no consiquences??

 

[quincy]

Maybe I should have been more specific. I'm not concerned with the things he has said so far. I want to prevent him (if possible) from going directly to my employer and spouting accusations. They have no merit and would go nowhere, but the process could cause indirect damage if an investigation ensued.

Both tranquility and I understand what you want to do but prior restraint is not going to happen. You could perhaps get an attorney in your area to draft a letter to the guy, advising him of what could happen if he acts on his threats, or you could tell your employer about your sister's hot-tempered boyfriend and what he might do (as a pre-warning) but, other than those, I can't see that you have any action to take.

You cannot prevent people from speaking. There are only actions that are possible to take AFTER someone has spoken.

Sorry.

 

[ob1coby]

As I said, that is not going to happen.

See also:
First Amendment

Sorry, again, I didn't see this before I posted. OK, well I guess that is that. The first amendment allows me to say ANYTHING I want, ANYWHERE I want. Legally I don't even have to follow any particular procedure when accusing someone. That seems wrong to me, but I believe in the 1st so, thanks everyone for your help.

 

[quincy]

Sorry, again, I didn't see this before I posted. OK, well I guess that is that. The first amendment allows me to say ANYTHING I want, ANYWHERE I want. Legally I don't even have to follow any particular procedure when accusing someone. That seems wrong to me, but I believe in the 1st so, thanks everyone for your help.

Yup. That pretty much sums it up. There are only horrible terrible very bad things that can happen to you if you say the wrong things to the wrong people at the wrong time. That is why people should think a bit before they speak. Not that they generally will or do.

Try to encourage your sister to find a new boyfriend.

 

[tranquility]

Sorry, again, I didn't see this before I posted. OK, well I guess that is that. The first amendment allows me to say ANYTHING I want, ANYWHERE I want. Legally I don't even have to follow any particular procedure when accusing someone. That seems wrong to me, but I believe in the 1st so, thanks everyone for your help.

It's far more complex than that, but the key is you are RESPONSIBLE for for what you say.

 

[ob1coby]

There are only horrible terrible very bad things that can happen to you if you say the wrong things to the wrong people at the wrong time. That is why people should think a bit before they speak. Not that they generally will or do

I couldn't standby neutral while he treated my family poorly. Even if it costs me. I was actually very professional, but this guy is so juvenile that it wouldn't have mattered if Moses appeared to this guy and told him he was wrong.

 

[quincy]

I couldn't standby neutral while he treated my family poorly. Even if it costs me. I was actually very professional, but this guy is so juvenile that it wouldn't have mattered if Moses appeared to this guy and told him he was wrong.

I hope your sister and your mom fully appreciate you, ob1coby.

And, with luck, nothing will come of the relationship between your sister and this guy and nothing will come of his threats. He sounds a bit of a buffoon.

 

[OHRoadwarrior]

Apparently your sister is fine with this kind of treatment. Mom apparently is also. I suggest you stop contact with them if you do not approve of the people they choose to hang with.

 

[swalsh411]

No Court is going to intervene to stop somebody who threatened to say something to another party. And perhapes he feels you really do target children. He has a right to report that if it's an honestly held belief.

 

[ob1coby]

could[/I] happen if he acts on his threats. There are only actions that are possible to take AFTER someone has spoken. Sorry.

So that brings up a different question, but I'll start a new thread for that one. Thanks again for everyone's help.