PayrollHRGuy
Senior Member
Defamatory would likely be considered enough to define what you can't print.
You've reached a false legal conclusion. The injunction has NOT violated the rule. You are specifically restrained from posting defamatory statements. Defamation is a legal term that is defined in the law. As such, the order was very specific.What is the name of your state (only U.S. law)? Florida
I received a permanent injunction from court for posting messages on my neighbor. In the injunction, requested by my neighbor, court ordered me to do not post any more defamatory comments on my neighbor but did not provide any sample defamatory statements or a description of such defamatory statements or what statements are defamatory. It seems my neighbor’s attorney is not an expert in these matters. Fla. R. Civ. P., Rule 1.610(c) is the following: “Every injunction shall specify the reasons for entry, shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document”. Therefore, the injunction violated this rule. Now my neighbor is threatening me that he will file contempt charges on me for violating the injunction.
Can the court enforce this injunction if I raise this Rule 1.610(c) violation issue when there is a hearing on my neighbor’s contempt motion? Deadline for rehearing and appeal on this injunction have long passed. In general, what will happen if a court tries to enforce an injunction which is violating Florida rules of civil procedure?
No, I would say YOU are not expert in legal matters. The injunction does not have to specify samples or descriptions of defamatory language. What amounts to defamation is clearly defined in state case law and thus an injunction against posting defamatory statements would be sufficient enough to put you on notice of what conduct is prohibited. If the court finds you posted defamatory statements after the date of the injunction you can expect to face the consequences for violating the order. You could have easily avoided the problem by simply not posting anything about your neighbor after the order was issued. Are you that intent on keeping up this battle with your neighbor that you are willing to risk fines or other penalties for contempt?What is the name of your state (only U.S. law)? Florida
I received a permanent injunction from court for posting messages on my neighbor. In the injunction, requested by my neighbor, court ordered me to do not post any more defamatory comments on my neighbor but did not provide any sample defamatory statements or a description of such defamatory statements or what statements are defamatory. It seems my neighbor’s attorney is not an expert in these matters.
Here is a thought...Why don't you just leave your neighbor alone.What is the name of your state (only U.S. law)? Florida
I received a permanent injunction from court for posting messages on my neighbor. In the injunction, requested by my neighbor, court ordered me to do not post any more defamatory comments on my neighbor but did not provide any sample defamatory statements or a description of such defamatory statements or what statements are defamatory. It seems my neighbor’s attorney is not an expert in these matters. Fla. R. Civ. P., Rule 1.610(c) is the following: “Every injunction shall specify the reasons for entry, shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document”. Therefore, the injunction violated this rule. Now my neighbor is threatening me that he will file contempt charges on me for violating the injunction.
Can the court enforce this injunction if I raise this Rule 1.610(c) violation issue when there is a hearing on my neighbor’s contempt motion? Deadline for rehearing and appeal on this injunction have long passed. In general, what will happen if a court tries to enforce an injunction which is violating Florida rules of civil procedure?
Give it up already - sheeshThanks a lot for your feedback. In fact, I did not post any messages after the injunction was entered, and of course, after seeing your responses, I will not post.
I heard that, along with the motion for contempt, my neighbor’s attorney should file an affidavit stating that I have violated the injunction. If my neighbor (through his attorney) files a motion for contempt and once that motion is dismissed, can I complaint to Bar Counsel against his attorney for wrongly filing that?
Is that axe you're grinding against your neighbor really so dull that you just can't stop trying to sharpen it? That's pretty childish, you know. And in the end, what does it accomplish? Nothing at all.Thanks a lot for your feedback. In fact, I did not post any messages after the injunction was entered, and of course, after seeing your responses, I will not post.
I heard that, along with the motion for contempt, my neighbor’s attorney should file an affidavit stating that I have violated the injunction. If my neighbor (through his attorney) files a motion for contempt and once that motion is dismissed, can I complaint to Bar Counsel against his attorney for wrongly filing that?
Actually in the end OP will likely end up in prison.Is that axe you're grinding against your neighbor really so dull that you just can't stop trying to sharpen it? That's pretty childish, you know. And in the end, what does it accomplish? Nothing at all.
You may make a complaint, if you wish to waste your time. Nothing will come of it unless the motion was completely baseless. Simply getting the motion denied does not mean the motion was frivolous.Thanks a lot for your feedback. In fact, I did not post any messages after the injunction was entered, and of course, after seeing your responses, I will not post.
I heard that, along with the motion for contempt, my neighbor’s attorney should file an affidavit stating that I have violated the injunction. If my neighbor (through his attorney) files a motion for contempt and once that motion is dismissed, can I complaint to Bar Counsel against his attorney for wrongly filing that?
To be clear...This will not end well if the OP keeps up with the anger.To be clear, the other party has only threatened a contempt motion...per the OP.
Right -To be clear...This will not end well if the OP keeps up with the anger.
I agree....Right -
My response was directed toward Taxing Matters' comment about making a complaint (I should have quoted TM). I was just pointing out that a complaint, at this time, would be premature because there's nothing to complain about.
I am, quite frankly, surprised by an injunction that suppresses speech. Speech is not defamatory until a court judges it so.What is the name of your state (only U.S. law)? Florida
I received a permanent injunction from court for posting messages on my neighbor. In the injunction, requested by my neighbor, court ordered me to do not post any more defamatory comments on my neighbor but did not provide any sample defamatory statements or a description of such defamatory statements or what statements are defamatory. It seems my neighbor’s attorney is not an expert in these matters. Fla. R. Civ. P., Rule 1.610(c) is the following: “Every injunction shall specify the reasons for entry, shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document”. Therefore, the injunction violated this rule. Now my neighbor is threatening me that he will file contempt charges on me for violating the injunction.
Can the court enforce this injunction if I raise this Rule 1.610(c) violation issue when there is a hearing on my neighbor’s contempt motion? Deadline for rehearing and appeal on this injunction have long passed. In general, what will happen if a court tries to enforce an injunction which is violating Florida rules of civil procedure?