Cyber-stalking and Defamation

[sportg6]

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

I am a victim of domestic violence and my ex boyfriend is "cyberstalking" me and spreading lies to all my personal and professional connections after he broke into my home and stole my blackberry. I have filed MANY claims with police and he still runs free. How can I file a defamation lawsuit to get him to leave me alone. Police have been NO help and I was just finally awarded an injunction for protection, but he still is spreading all kinds of lies and now he has tampered my mail by forwarding it to his address. I fear for my safety and wellbeing. I have terrible anxiety, my life is out of my control.....please can someone give me some real advise as to what am I to do? At his last court hearing his VOP was dismissed and I was told by the states atty to "watch my back, he's out to kill you!" WOW, that's a statement! The states atty claims "they have bigger fish to fry in another county with him!" I have been getting the run around from the police and the court system since September. He continues to harass me, my family as well as friends. I had to move from my home to forclosure and now he has found where I live. Please help!! Sick with anxiety and scared in Sarasota. I would appreciate any advice or suggestions. Thank you.
KMP

 

[sportg6]

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

I am a victim of domestic violence and my ex boyfriend is "cyberstalking" me and spreading lies to all my personal and professional connections after he broke into my home and stole my blackberry. I have filed MANY claims with police and he still runs free. How can I file a defamation lawsuit to get him to leave me alone. Police have been NO help and I was just finally awarded an injunction for protection, but he still is spreading all kinds of lies and now he has tampered my mail by forwarding it to his address. I fear for my safety and wellbeing. I have terrible anxiety, my life is out of my control.....please can someone give me some real advise as to what am I to do? At his last court hearing his VOP was dismissed and I was told by the states atty to "watch my back, he's out to kill you!" WOW, that's a statement! The states atty claims "they have bigger fish to fry in another county with him!" I have been getting the run around from the police and the court system since September. He continues to harass me, my family as well as friends. I had to move from my home to forclosure and now he has found where I live. Please help!! Sick with anxiety and scared in Sarasota. I would appreciate any advice or suggestions. Thank you.
KMP[/QUOTE]

 

[quincy]

First, if you are a victim of domestic violence, you do not want to take your abuser to court without assistance. You may, depending on what your ex-boyfriend is posting about you online, have a defamation action you could pursue, and it sounds like your ex-boyfriend has violated the order of protection, which you could pursue, and it may be possible to sue your ex-boyfriend for emotional pain and suffering for his continued abuse.

Some lawyers will take domestic violence-related cases on a contingency basis. I recommend you have an attorney assist you with any legal action you may consider. You can contact the National Crime Victim Bar Association's Lawyer Referral Line at 800-FYI-CALL or go to The National Crime Victim Bar Association - Home.

For violations of the protection order, you should contact the police and let them know about the mail-tampering and continued online abuse. If these are considered violations of the protection order (as they may very well be), your ex-boyfriend can be arrested.

The police are required to tell you what your legal rights are and what help is available to you in regards to your order of protection. You should also contact your local domestic violence center for direction and advice.

Good luck.

 

[my_wan]

Changed: "much much" to "have much"

Give more detail on *exactly* what he did to have your mail forwarded to him. Was the protection order in effect at the time?

Tampering with mail is an extremely serious federal crime. He would be guilty of Sections 2, 1001, 1702 and 1708 of Title 18, United States Code.
http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18

This is your strongest case to get rid of him. Sueing for defamation is certainly possible but is not likely to have much effect on his conduct.

 

[sportg6]

The ex boyfriend forwarded my mail to his address and then he then forwarded his mail to his mother's address in Marco Island FL. I have already filed a claim with manatee Cty Sheriff's and the consumer affairs as they will contact the United States Postal Inspectors. It all goes at a snails pace and in the mean time he mass emails and calls everyone or anyone that will listen to him. The judge was starting to believe him until I was able to get a lawyer for the injunction hearing! It's a BIG mess and I am the one who suffers! The victim is the one who is believed LAST!!

 

[quincy]

I again suggest you contact the domestic violence organization in your area - ask to speak with a victim's advocate about your legal rights and the legal recourses available to you. And call the number I provided for legal assistance. In addition, continue to call the police whenever your ex-boyfriend emails defamatory material about you to others. Print off and save all emails sent.

You may be able to have the ex-boyfriend arrested for violating the order of protection.

My_wan is right that the federal mail-tampering offense is the one that is liable to get your ex-boyfriend in the most trouble, unless you and he shared an address and he put a forward on his mail, which in turn diverted your mail to his new address. If you had to leave your prior home due to foreclosure, the ex-boyfriend's address may have been the only one on file with the post office.

Certainly if you feel you are in any danger from physical contact with the ex-boyfriend, contact the police immediately and mention your order of protection.