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.
I will swear and prove that the letter is filled with nothing but lies. I dont think you read my statement.
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.
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?
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.
If the DVD got stolen? I can get 4 ex husbands to testify she is a lunatic..
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.
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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