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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19930
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I live in Fairfax County, VA; my ex-husband and his current

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I live in Fairfax County, VA; my ex-husband and his current girlfriend live in a neighboring state. The girlfriend of my ex-husband has been sending slanderous, possible defamation of character letters to my bosses, bosses, boss. She has threatened legal action against me if I don't stop making comments about her online that I have not made, and has even went as far as sending e-mails & text messages between myself and my ex to my bosses, bosses, boss. Prior to all of this she was harassing me for a year through my ex by making false accusations against me. My job is sick of receiving these e-mails and wants me to make it stop, especially since I work in a high visibility position. He is assisting her by sending the information to her to use against me. Unfortunately for me though, my job is very political and my bosses, bosses, boss refuses to provide me print outs of the e-mails or to forward me the e-mails from the girlfriend so that I can defend myself. He and I had one child together during our marriage. Unfortunately for me, that means that I have to maintain contact with him for several more years. My job has also told me verbally that if the girlfriend’s actions do not cease, then I will either be fired or moved to another part of the United States (therefore moving my child away from her father) as a form of reprimand, because they are starting to feel that the “drama” the girlfriend is bringing to my workplace is more trouble than I am worth. Prior to the girlfriend’s actions, they were trying to prepare me for a promotion. I want to know if I can get a no contact order against her, to keep her from having any contact with me, my child and my place of employment AND If I can, how difficult it would be given the circumstances. I need her to stop e-mailing my work place and I don't want her contacting me or any of “mine” in any way.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

To start, what you're talking about is a misdemeanor, if she is threatening any indecent or immoral act, or using any obscene language. Code of Virginia, Section 18.2-152.7:1.

Virginia also recognizes a tort for intentional interference with employment, which occurs when a person maliciously uses improper methods to try to get someone fired or other negative employment action. You have the ability to not only file suit against her for that, but to seek an injunction prohibiting her from directly or indirectly contacting your employer (so she can't have someone else forward them the emails).

Depending on the content of the emails, you can also sue for defamation of character. Defamation is any false statement that harms the reputation of the person about whom the statement is made. If the statements reflect on your ability to do your job, reputational harm is presumed. If there is a pending lawsuit, you will be able to subpeona the emails - any lawyer can issue a subpeona for documents.

There is also a tort called intentional infliction of emotional distress, which occurs when a person engages in extreme and/or outrageous conduct that serves no legitimate purpose, and is done for the purpose of causing the target to feel extreme emotional distress. You may also be able to prove that.

To start, a local attorney can help you seek an injunction against her, ordering her to stop sending the emails. He may also be able to help you get an order that she not contact you in any way, shape or form, directly or indirectly, including passing messages through your ex. A good place to look for someone is http://www.martindale.com.

In the meantime, you may want to show your bosses boss' boss how to set up an email filter so that these messages do not reach his inbox and are stored in a separate folder (but saved), so he does not have to be bothered with them. The IT department can also show him how to do that, if you're not familiar with the process. It's not a complete resolution, but it would at least stop the constant stress on your employer.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

Thank you very much for all of the input. I understand that any lawyer can issue a subpoena for the documents, however my job has let me know that such action could draw too much attention to myself, more than likely result in one of the forms of reprimand and would not be in my best interest if I want to keep my job and still remain in the same area I live in. All of that being said, is there a way to do it without the e-mails? Though I do not have the e-mails themselves, I do have letters of warning from my supervisor referencing the e-mails being sent to my bosses boss' boss and citing the dates the e-mails were sent.

Expert:  Lucy, Esq. replied 1 year ago.
The letters of warning could help, depending on what they say. The problem is, they may be considered hearsay. You could also seek to subpeona the emails directly from the ex-girlfriend's email provider. They would provide the emails without notifying him (although she would know).

You could also try to appeal to your boss' boss' boss and explain that you cannot get an injunction and force her to stop without copies of at least some of the emails. Or you'd have to subpeona him to come testify in court, and I'm sure neither of you wants that to happen.
Customer: replied 1 year ago.

One last question (I hope). Would I still be able to get the e-mails subpoenaed on her end, if she sent them from her work e-mail? She is a contractor whose company's contract is with prominant federal government agency.

Expert:  Lucy, Esq. replied 1 year ago.
Yes. If she sent them on her work email, it's entirely possible that all emails remain on the server, which could make it easier for them to find the copies, even if she thinks she deleted them.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19930
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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