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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24532
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I received a baseless cease and desist letter from an

Customer Question

I received a baseless cease and desist letter from an ex-girlfriend alleging that I have been "harassing, stalking, cyber-stalking, and defaming her" via emails, text messages, and traditional mail targeting her, her friends, and her family, etc. However,
nothing could be further from the truth. She also tried to file a domestic violence injunction against me (we previously lived together) alleging the same claims. That filing was outright denied by the judge based on her application, and what I assume was
a profound lack of supporting evidence. In reality, this woman is scorned due to me rejecting her attempts to revive the relationship and is bitter that I have moved on, and am very happy in a new relationship. Should I bother responding to this cease and
desist letter? My concerns are that I feel that she is attempting to establish some sort of "paper trail or history", albeit without a single shred of proof, that I am somehow menacing to her. This all seems very "Fatal Attraction" to me, and I just want to
move on with my life. As it sits now, her DVI request, although denied, is in the public record and shows up in internet searches. I am a professional and the last thing I want is to have erroneous allegations about me floating around the internet. Any advice
is appreciated!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I will be assisting you with this question.
This person's Cease and Desist letter demands that you refrain from any form of contact with her. DO NOT RESPOND TO IT, even to deny the substance of her letter. If she has no grounds because you are not contacting her, do not give her those to help her lay the paper trail she wants to establish but doesn't really have.
If you feel some response would be in your interest, you should consult with a lawyer who can respond on your behalf in an appropriate manner under the circumstances which would not constitute any admission by you or be taken as harassment. You can also talk to him about petitioning to seal the record of her attempt to get an order against you.
Customer: replied 1 year ago.
Thanks for the tip. I will leave it alone. Anymore advice on getting her failed injunction attempt sealed? I hate that my name can be searched and have that found. I feel that it is defaming to me in it's own right.
Expert:  Zoey_ JD replied 1 year ago.
I understand the point you're trying to make, though it's not defamation in the legal sense of the word. Her petition was denied, but the fact that she applied and the denial are truthful and public records.
Florida does allow for the sealing of civil records if you can demonstrate a need for confidentiality. You'd have to petition the court where the order was applied for, and it is best to have this done by a lawyer. There is a strong feeling in Florida that civil records be open and publicly accessible.