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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32369
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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A gentleman stole patient information from my company and used

Customer Question

A gentleman stole patient information from my company and used it to promote his company. We sent him a cease and desist letter. He is now threatening in a text to go to my employer (which is not the owner of my business- this is a side business) and make untoward allegations about me to get me fired
What can I do?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
There is really only one course of action you can pursue if a cease and desist didn't work and that would be to file for an injunction in the local court.
An injunction is an order from a judge telling someone not to do something and if the order is violated then the judge can punish them by a variety of sanctions ranging from issuing a fine to putting them in jail for a while.
The steps to an injunction are:
1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.
These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.
Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.
If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.
There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.
Customer: replied 1 year ago.
Will the injunction prevent him from contacting my employer? So if we get the injunction and he contacts my employer, is he in breech?
Expert:  Dwayne B. replied 1 year ago.
The injunction can do whatever the court says for it to do. In your case the most obvious remedy is for the judge to tell the person not to contact your employer and if they did so after the injunction is issued then he would be in contempt of the order and could be punished.
Customer: replied 1 year ago.
Thank you
Expert:  Dwayne B. replied 1 year ago.
You're very welcome.
Best wishes to you and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work.

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