Is this libel/slander/defamation/threatening or just really annoying?

[chronicle]

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

My ex-husband has sent via email to me, and posted online through blogs and good ol' Facebook: lies about me, mean-spirited comments, outright threats (against my boyfriend), stalker-type things (like where I was on my vacation), and comments about very personal things (um... my "sex-face"?!?). He's said things about wishing me (and my boyfriend) dead, and posted storied online (publicly) about his perception of my parenting skills- obiviously, not good in his opinion.

The thing is, in most of what he says he does not use my name. Yes- of the several hundred people who see these things, most know who he is referring to- and the only reason I find out about these postings is because many people continue to tell me about them (I'm not "friends" with him online because I got tired of reading this crap).

So- if he isn't printing my name, is there anything I can do to stop him? (My divorce atty mentioned cyber-stalking, but I don't think it constitutes that). I do NOT want to sue him or anything, I just want it to stop. Our son is nearly old enough to be online for school projects- he already searches online with me for information about math and things like that, and I really don't wanthim coming across something like this. Is there a way to make this stop?

 

[Mass_Shyster]

My divorce atty mentioned cyber-stalking, but I don't think it constitutes that

Why not?

I do NOT want to sue him or anything, I just want it to stop.

You can use legal means, or illegal means. Legal means imply that you will sue. A suit can be for an injunction (or other equitable remedy), not necessarily for money.

 

[chronicle]

Thank you for the response!

Well, I'm not sure what "cyber-stalking" is, I guess. It seems like that would imply something more purposeful- like with an intent to bodily harm me- and he doesn't do that. But mybe my understanding of it is wrong?

NO! I don't want to use illegal means! But yes- filing a suit without money- that is what I would like to know if I have grounds to do. Does anyone think I do? Thanks again.

 

[quincy]

You have several options.

You can request of your ex-husband directly that the material about you and your boyfriend be removed from Facebook and from his blogs, or you can have your attorney draft a cease and desist letter, demanding the removal of the defamatory and threatening content or legal action against him may be considered or pursued.

If your ex-husband will not remove the content voluntarily, or with the threat of legal action, you should contact Facebook and the sites that host his other postings, and request that the defamatory and threatening material be removed from these sites. Facebook may, or may not, do this upon your request and without a court order, as defamatory and threatening content is against their terms of service. This is probably true of the other sites, as well.

If Facebook and the blog sites will not remove the material without a court order, you may find yourself having to sue your ex-husband to get an order to have the material removed. Most courts will require evidence that you have an actionable case against the poster of the material, or a court will require that you file suit prior to the court issuing any order for removal of content.

What your ex-husband is doing falls within Georgia's definition of cyberstalking. With evidence of his posts on Facebook and on the other sites, and proof that you are identifiable by what is written, you can file a cyberstalking complaint with the police.

You can go to court and petition the court for a temporary restraining order, a permanent restraining order, or a personal protection order. You will need to show that what is published online caused you emotional distress and/or put you in reasonable fear for your safety. Online death threats would demonstrate to the court the need for the order. A court order will prohibit your ex-husband from all contact and from harassing or intimidating you, online or elsewhere. A violation of the court order can lead to his arrest.

You do, potentially, have a defamation action you can consider. A defamation action is possible, even if you are not named, if you are identifiable to one or more persons by what is written. But these actions are expensive and time-consuming. A court order that restrains your ex-husband should be enough to get the online material deleted and should be enough to prevent any future defamatory or threatening material from being posted.

Good luck.

 

[chronicle]

Thank you! Yes, all I want is for him to stop it. I appreciate your help.

 

[quincy]

Time generally works to alleviate much of the animosity that is felt during and immediately after a divorce. Perhaps once your ex-husband has someone else in his life to concentrate his attention on, he will stop concentrating his energies on you and your boyfriend.

Good luck.

 

[MattPAVT]

I would call that cyber-stalking. Try to print and save as much of his garbage as you can and talk to your divorce attorney or whatever asap!

 

[chronicle]

Can a family law specialist (ie- my divorce attorney) bring a case like this, or would I need to take this to a different attorney?

 

[quincy]

To which of your options are you referring?

 

[chronicle]

(Oh yeah, I should have specified!) I guess any of them.

It seems to me like the most reasonable (and least retaliatory) is to petition the court for an order for him to stop posting information about me/my whereabouts/my parenting publicly and to stop emailing threats.

I will contact the various websites to ask if older postings can be removed, but the larger issue for me is stopping it from happening again.

 

[quincy]

You can on your own pick up the proper forms for filing a petition for a restraining order, either at the court or you can (probably) download them from your court's website.

Your current family law attorney should be able to help you fill out the forms if you need assistance. The attorney can advise you on what you will want in the way of evidence to present to the court, to support your need for the order. And the attorney can present this evidence for you, if you feel somewhat intimidated being before a judge.

While it can be nice to have an attorney for all of this, especially one that already knows your history with your ex-husband, an attorney is not absolutely necessary for either the petition or for the subsequent hearing.

As a suggestion, you may wish to file a cyberstalking complaint with the police, as well. You can use the fact that you filed a police complaint in your petition.

I would definitely review all of this with your current attorney, and go over all of the pros and cons, prior to filing anything. Then you can wait to decide whether you want to have your attorney with you or not before you head to court for the scheduled hearing.

Good luck.