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-   -   Can I sue for slander/defamation of character & harassment? (https://www.askmehelpdesk.com/showthread.php?t=179211)

  • Feb 1, 2008, 02:51 AM
    trae07
    Can I sue for slander/defamation of character & harassment?
    I have been dealing with someone harassing my family & I for more than three years. She follows me often. Has mailed letters to myself & my husband as well as taping letters on the door of his place of employment. She is constantly confronting my teenage daughters, other family members and friends telling them horrible lies, that I am using drugs and cheating on my husband. Which is entirely untrue. She has made false reports to Police and DFS on more than one occasion, which were all proved to be (by them) to be unfounded. Saying my husband & I abuse our children, who are 19, 17, & 15 years old.
    She will stop at nothing to get us divorced, she had an affair with my husband and since that didn't cause us to part this is what I endure day after day. She currently attempting to get me fired from my job. Is there ANYTHING at all I can do to put a stop to this once and for all?
    Please help.
    p.s. I live in Wyoming
  • Feb 1, 2008, 03:24 AM
    tickle
    With firm evidence and witnesses you can start by getting a restraining order against her.
  • Feb 1, 2008, 05:02 AM
    excon
    Quote:

    Originally Posted by trae07
    Is there ANYTHING at all I can do to put a stop to this once and for all?

    Hello trae:

    Tell your husband to grow a spine.

    excon
  • Feb 1, 2008, 02:09 PM
    twinkiedooter
    You can go to the County Courthouse and get paperwork to fill out and obtain a Restraining Order against her. The clerk or someone else at the courthouse will help you fill out the paperwork. You will then need to appear before a Judge and if the Judge deems your need for a restraining order sufficient, the order will be granted. This order usually is for one year. It has it's pros and cons, however. The Restraining Order will only make the other person very angry and want to strike at you and your family more not caring what the outcome in court could be. The pros are that you can at least contact the police and wave a piece of paper in their faces and hope they pay attention to you and do something before this other person goes nuts.

    Either way you go it's a gamble. If you should gamble and get the restraining order, good luck as you will need it. Or if you do get it and within that one year time she leaves you alone and decides to wait out the year period and start in the day after it expires... you will have to start all over again. Also she could happily have other people do her tormenting for her and you are left trying to pin the tail on the donkey situation trying to point the finger at her for having her friends do this to you.

    Calling DFS and making unfounded charges unfortunately is okay as they must investigate every complaint whether real or not. You may do better with the false police reports. Go to the Prosecuting Attorney's office and speak with them. It's not a for sure thing, but it's better than nothing at this point.
  • Feb 1, 2008, 03:22 PM
    JudyKayTee
    [QUOTE=excon]Hello trae:

    Tell your husband to grow a spine.



    I was thinking the same thing but not necessarily a spine -
  • Feb 1, 2008, 06:46 PM
    Flying Blue Eagle
    Trae07 As per the constitution anybody that slanders, defamation of character whither true or not can be sued in court and even go to jail. Good Luck FBE PS- Talk to a lawyer about this .Usely the first visit is free, when you do tell him you want all court costs and att. Fees where she pays them also. As per hassarrment go to the police, or let your lawyer do it Remember you will have to have witnesses.;) :) :D
  • Feb 1, 2008, 06:55 PM
    Sand Daddy
    Hide your Rabbits! Get an Order of Protection! Document, Document, Document. If she is taunting and harassing you children, have them phone the cops! The idea is to build a solid chain of HARD indisputable evidence and not hearsay.
  • Feb 1, 2008, 08:03 PM
    Fr_Chuck
    1. Do ask the lawyer about the first visit, I used to also say that nromally the first visit was free, but I did a survey this year and found that less than 20 percent offered a first free visit any longer. Most had small charges for the first appointment. So do ask first.

    2. I would first get a restraining order and include your place of business.
  • Feb 1, 2008, 08:21 PM
    ScottGem
    Slander/libel is a civil offense not criminal, so suing her is not likely to get her in jail.

    What I suggest is seeing what the stalking laws are in your state. This appears to me to be a clear case of stalking.
  • Feb 2, 2008, 07:32 AM
    JudyKayTee
    Quote:

    Originally Posted by Flying Blue Eagle
    Trae07 As per the constitution anybody that slanders, defamation of character whither true or not can be sued in court and even go to jail. Good Luck FBE PS- Talk to a lawyer about this .Usely the first visit is free, when you do tell him you want all court costs and att. fees where she pays them also. As per hassarrment go to the police, or let your lawyer do it Remember you will have to have witnesses.;) :) :D


    You cannot go to jail for defamation of character - you are confusing civil and criminal matters.

    And, yes, anyone can sue anyone for anything pretty much at any time - but slander and defamation suits are difficult because someone has to believe what has been said and it has to harm the person it is said about - and I don't see that here.

    In many cases like this you are just feeding into the attention getting "perpetrator" when you go to Court (and if you lose, welcome to a real mess). Report the incidents to the Police - sure. If you have sufficient proof. Call them enough and they won't even show up any more.

    This is a problem between the husband (who apparently has poor taste in girlfriends) and the "perpetrator" - if she thinks any of this is going to break up his marriage and he's going to reconcile with her (the girlfriend) the husband simply hasn't stated his feelings clearly enough. His children are being harassed by an ex-girlfriend and he can't figure out what to do?

    Nonsense.

    The wife's problem is with the husband, not with the girlfriend.

    (As a side note I never, ever understand this - man cheats, reconciles with wife, girlfriend and wife hate each other and make each other miserable. Man skates by. Nobody's angry with him.)
  • Feb 2, 2008, 07:47 AM
    excon
    Quote:

    Originally Posted by JudyKayTee
    His children are being harassed by an ex-girlfriend and he can't figure out what to do?

    Nonsense.

    The wife's problem is with the husband, not with the girlfriend.

    (As a side note I never, ever understand this - man cheats, reconciles with wife, girlfriend and wife hate each other and make each other miserable. Man skates by. Nobody's angry with him.)

    Hello again trae:

    If I wasn't clear enough earlier, Judy certainly was. She and I are on the same page here. The husband, HIS behavior, and YOU NOT HOLDING HIM ACCOUNTABLE, is the 600 lb gorilla in the room. If that doesn't change, nothing ever will, and I mean EVER!!

    Directing your energies ANYWHERE else, is like pissing up a rope.

    excon
  • Feb 2, 2008, 08:04 AM
    ScottGem
    While I agree the husband should be taking some action here, I'm not so sure he's being a jellyfish. She says the woman has posted notes at her husband's place of business so she's going after him to.

    So I really think that she can be prosecuted under anti-stalking laws and that is the OP's best bet.
  • Feb 2, 2008, 10:11 AM
    tickle
    JudyKayTee, that was a dynamite response ! (I wanted to do this the proper way but it said I had to spread rep around).
  • Feb 2, 2008, 11:58 AM
    JudyKayTee
    Quote:

    Originally Posted by tickle
    JudyKayTee, that was a dynamite response ! (I wanted to do this the proper way but it said I had to spread rep around).



    Wow - thanks. I really appreciate it.
  • Feb 2, 2008, 05:54 PM
    Flying Blue Eagle
    JudyKayTee- 99.99% of the time when someone is on the stand, they will lie.and for that they CAN go to jail, and what I was getting at is the fact that I was under the imperssion that she had the proof,and would have no trouble with her case. I know that just for the first 3 youaint going to jail , but it could cost them quite a bit, Agree OR disagree?? GOOD DAY GOD BLESS ::::: F.B.E.
  • Feb 3, 2008, 07:52 AM
    JudyKayTee
    Quote:

    Originally Posted by Flying Blue Eagle
    JudyKayTee- 99.99% of the time when someone is on tjhe stand, they will lie.and for that they CAN go to jail, and what I was getting at is the fact that I was under the imperssion that she had the proof,and would have no trouble with her case. I know that just for the first 3 youaint goin to jail , but it could cost them quite a bit, Agree OR disagree???????????? GOOD DAY GOD BLESS ::::: F.B.E.



    Well, I think it's a leap from 99.99% of the time someone on the stand WILL lie (which statistic I question) to if she has this person arrested and TRIED for harassment and/or slander - and everyone has already discussed what you need to even go there - she WILL lie. Does her "proof" rise to the necessary level - I don't know.

    I have never, ever seen a person even threatened with jail for lying on the stand.

    While you are correct in theory you are incorrect in practice.

    But differences of opinion are what makes the world go around and very possibly your experience in your area of the country is very different from mine!
  • Oct 20, 2009, 08:05 AM
    PERSONAL3
    I feel really bad for you and your family. I had to go through just a small portion of that. In reality my husband filed the restraining order. I tooked myself out of the situation. Wasn't mine to fix. It was his. But if you are being threaten you must take precautions for yourself and the kids. It is beside the point that your husband had an affair. Now is the time to think of safety for your family. Never forget the power of prayer. There is nothing like a mothers prayer.
  • Oct 20, 2009, 08:07 AM
    JudyKayTee
    Quote:

    Originally Posted by PERSONAL3 View Post
    I FEEL REALLY BAD FOR YOU AND YOUR FAMILY. I HAD TO GO THROUGH JUST A SMALL PORTION OF THAT. IN REALITY MY HUSBAND FILED THE RESTRAINING ORDER. I TOOKED MYSELF OUT OF THE SITUATION. WASN'T MINE TO FIX. IT WAS HIS. BUT IF YOU ARE BEING THREATEN YOU MUST TAKE PRECAUTIONS FOR YOURSELF AND THE KIDS. IT IS BESIDE THE POINT THAT YOUR HUSBAND HAD AN AFFAIR. NOW IS THE TIME TO THINK OF SAFETY FOR YOUR FAMILY. NEVER FORGET THE POWER OF PRAYER. THERE IS NOTHING LIKE A MOTHERS PRAYER.


    This is a very old thread - no response in quite some time and the person who asked never came back. Typing in caps is also the equivalent of shouting and I see no need to do that.

    This is the legal board, not the religious board, so please stick to legal advice.
  • Oct 20, 2009, 08:08 AM
    PERSONAL3
    You can sue for slander and all that other stuff with the right proof. The amount is unknown.
  • Oct 20, 2009, 08:09 AM
    PERSONAL3
    Freedom of speech. Seems you need prayer even for the legal side peace out.

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