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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46157
Experience:  Attorney with 29 years of experience.
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Can you file a restraining order against someone who is harassing

Resolved Question:

Can you file a restraining order against someone who is harassing you with threats of financial damage (i.e. contacting the IRS to force audits, Dept of Professional Regulations to make false reports of illegal activity, hiring a PI to verbally harass personal acquaintances, as well as doing things to undermine my livelihood.) Do you have to prove threats of bodily harm in order to file a restraining order?
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.

Good morning. Yes, you can obtain an injunction against those actions. You should also contact the district attorney to determine if these actions go so far as to justify criminal prosecution under internet and electronic harrassment laws. Finally, if he is making false accusations, you may very well have a basis to file a defamation claim against him in civil court.

 

 

Let me explain what defamation is and then you can make the determination whether or not it is something you wish to pursue.

 

I am going to provide you information on both slander and libel since they are so closely related and so often confused with each other.

 

Both involve the communication of false information about a person, group or entity. Libel is any defamation that can be seen....writings, printing, effigy, movie or statue. Slander, is any defamation that is spoken and heard.

 

They are civil injuries that harm reputation, cause a reduction in respect, regard or confidence, or cause disparaging, hostile or disagreeable opinions or feelings against an individual or entity.

 

The laws regarding libel and slander are the same.

 

To prevail in a suit for libel or slander and recover damages, you must prove 4 things: (i) the defendant conveyed a defamatory message they knew or should have known to be false; (ii) the material was published (i.e., conveyed to someone other than you); (iii) you can be identified as the the person referred to in the defamatory material; and (iv) you suffered an injury to your reputation as a result of the communication.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

 

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If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard, Attorney
Category: Legal
Satisfied Customers: 46157
Experience: Attorney with 29 years of experience.
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