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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21387
Experience:  Handle criminal matters in both state and federal courts.
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I was served "cease and desist" letter. I was accused of installing

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I was served "cease and desist" letter. I was accused of installing tracking software on an ex gf computer. I did install it on the computer when she lived with me. I live in Texas and the computer was community property. I caught her cheating and quickly evicted her. She moved out and took the computer. The tracking software was disabled by the company several months ago. She has accused me of installing more recently. I dont even know where she lives. I have nothing on her computer. She also accuses me of following her home from work. I'm a UPS driver and get off 2 or 3 hours after she does. Would be impossible for me. She says my phone calls coincide with her arrival at home. I dont call her at all. She also says I call her at work and threaten her. I have never called her work. My phone records can prove I dont call her at all anywhere.
Now, having said that, she is very upset that I have talked to her ex husband. And she knows that I have explicit pictures of her and a doctor that were taken while she was married to him. She showed me the pictures, thinking I would be turned on I guess. I copied them to DVD a year ago. Now she is trying to say I obtained the pictures Illegaly with tracking software. Not true. She has OCD, ADHD, and severe anger issues and so does her son. I think she is afraid that the pic's I have could loose her custody of her son. Plus I have been slandered. I wan't to prosecute and sue her. She is a monster.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Hi

 

You certainly do have a lot going on here. First, this is a "cease and desist" letter so as long as you do not contact her, then there is no reason for her to apply for a restraining order. The "cease and desist" is a first step toward that where she has put you on Notice.

 

So, if you do not want her to proceed to a Restraining Order level you must not contact her

 

I am not sure what grounds you would sue her on, but you would need to have a local attorney handle that for you.

 

 

Customer: replied 3 years ago.

I will swear and prove that the letter is filled with nothing but lies. I dont think you read my statement.

 

Expert:  Samuel II replied 3 years ago.

Hi

 

I read your entire statement. However, if is not defamation if she is sending it to you. It is only defamation if she publishes it or otherwise disseminates information that she knows to be an untruth to others

 

This is nothing more than a cease and desist letter. She is entiled to state those things. If she proceeds on a restraining order then she needs to prove them. But with your evidence and phone bills, etc that would be tough.

 

Customer: replied 3 years ago.
I also have the pictures of her and the the guy she was messing around on me and him. She is trying to say they were obtained illegaly so no one can use them against her. They are saying that I will be arrested for a felony if those pictures are used against her. those pic's are public domain if she gave them to me.. Right?
Expert:  Samuel II replied 3 years ago.

Hi

 

If you took the photos of them on a public street or if she or the guy supplied to them to you they are yours. Yes. If you got them any other way then no.

 

Who is this letter from - her or an attorney on her behalf?

Customer: replied 3 years ago.
An attorney for her
Expert:  Samuel II replied 3 years ago.

Hi

 

I see. Well, you can write him and advise him that she provided the photos for you and therefore they are yours. However, did she send them to you via email? You will need to show that she emailed them to you and then you copied them on a disc. If you cannot show that she emailed them to you then you could be caught up in them saying you obtained them illegally.

Customer: replied 3 years ago.

If the DVD got stolen? I can get 4 ex husbands to testify she is a lunatic..

 

Expert:  Samuel II replied 3 years ago.

Hi

 

Testify to what? Don't you believe he may be discredited due to an impartial opinion based on a past relationship

 

I don't know what it is exactly you want to do. But you have no basis for defamation unless this reaches a restraining order level. Then she needs to prove everything she has said.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21387
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 7 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

I want to appologize for not accepting my responses right away. I met with a local, retired Judge that really gave it to me straight. Turns out, I can, or could have sued her had her jailed for indecency with a child.. Mine. He was 10 at the time. But, was told by the Judge, if I could walk away, do so..He said the DA would break everyone involved.

 

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