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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7407
Experience:  Experienced Family Law Attorney
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I was wondering what I can do about filing a restraining

Customer Question

Hi, i was wondering what I can do about filing a restraining order against a girl who is harrassing and talking about my daughter and I on social media. I live in florida and shes in new york. Its my ex husbands, girlfriend, for the time being abd ny daughter doesn't want to have to be near her when she goes to visit.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Im in florida, shes in New York.
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Just tgat its been going on over last couple weeks, i have blocked her but people have sen me what shes been posting since. Thats really it. I just want some sort of court order not allowing her to harrase my daughter especially, with respects to the name calling.
Submitted: 4 months ago.
Category: Family Law
Expert:  LegalGems replied 4 months ago.

I am sorry to hear this;

one would need to file a restraining order in a court that has jurisdiction over the person so the state in which the individual resides.

The district attorney would file for a protective order based on harassment; please see:

http://www.lawny.org/index.php/family-self-help-140/other-family-law-self-help-75/76-orders-of-protection-fact-sheet

The person is also exposing themselves to liability for defamation if the statements are false. furthermore, it can result in a modification of visitation if the child has to be around this person when visiting the other parent.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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