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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23980
Experience:  9+ years defending Misdemeanor and Felony cases.
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I was at a restaurant eating with a group of "friends". One

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I was at a restaurant eating with a group of "friends". One of them informed my end on the table that there is a restraining order against me when I went to the restroom. I was informed that the other end of the table was starting trouble and had called the police. THERE IS NO RESTRAINING ORDER OR ANY RECORD OF A CONFRONTATION BEFORET THIS EVENING. I have at least (3)-three witnesses that can validate this, in Virginia. What are my legal recourses and what if any moneytary damages?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. In Virginia, there are three basic elements of defamation which include: 1) publication or the dissemination of information, 2) an actionable statement, and 3) intent. In order for a potentially defamatory statement to be actionable, it must be both false and defamatory. If the statement is found to be false and was either written down in a published document or spoken to another person, the individual who made the statement may be found liable in a defamation claim.

A jury will then decide the amount of and type of compensation that should be awarded to the plaintiff. In many tort actions, including defamation claims, there are two types or categories of compensation awards that may be awarded to the plaintiff: 1) compensatory damages, and 2) punitive damages. Compensatory damages in a defamation case seek to compensate the plaintiff for the harm that he or she suffered to his or her reputation. Punitive damages, on the other hand, seek to punish the defendant in the case for his or her bad acts.

In Virginia, punitive damages will generally be awarded only if the plaintiff can prove that the defendant acted with malice. This means that the defendant purposely or recklessly distributed false information about the plaintiff with the intent to harm the person's reputation. It is possible for defamatory statements to be made without malice, in which case, punitive damages would not be available.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 3 years ago.


What are my options? I would love to make them pay for the false statement. Is it worth sueing them? Or would a local lawyer just want to send a "ceass and dissist"?? ?-(spelling????)

I do understand where you are coming from. I think in a situation like this, it may not be worth suing as the damages will be difficult to determine, if you were not necessarily harmed and can not show a correlation. You can retain legal counsel and they would likely send a cease and desist letter or you can even send one yourself, for a much lower cost. Here is a link if you wanted to do it yourself.

http://www.rocketlawyer.com/form/cease-and-desist-letter.rl
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