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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 34884
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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When can I sue someone for harassment?

Resolved Question:

When can I sue someone for harassment?
Submitted: 5 years ago.
Category: Family Law
Expert:  LawTalk replied 5 years ago.

Good afternoon,

Can you please be a bit more specific about the nature of the harassment, and where it is occurring? Who is harassing you?

Customer: replied 5 years ago.
I know this might sound childish but its really starting to bother me. My fiances mother doesnt approve of me so she keeps looking up my families phone numbers and addresses trying to call them and tell them how much she disapproves of me in a angry and crude manner. She's also sending me letters that are disturbing as well. Ive told her that I wish she doesn't call anyone in my family or myself and she still continues her search. This has been going on for 3 weeks. I need it to stop.
Expert:  LawTalk replied 5 years ago.

Good afternoon,

I'm sorry to hear of your dilemma.

Under the laws of the state of Illinois, criminal law, harassment is defined as the making of an obscene or indecent comment or request with the intent to offend, threaten, or annoy someone. The facts of your situation may suffice to show harassment. You might consider filing a police report and/or applying to the court for a protective order against her.

You may also have success by filing a small claims lawsuit against her for Invasion of Privacy and, if she is telling lies about you, Defamation.

From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.

1. Slander typically involves an oral (spoken) representation.
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.

In order to win a defamation case, you must prove the following:

  1. A false and defamatory statement was made about an individual;
  2. The statement was made to a third party;
  3. If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
  4. Finally, you must show that you have suffered damages.

I wish you the best in 2011.

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