How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brandon M. Your Own Question

Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience:  Attorney experienced in numerous areas of law.
11182422
Type Your Legal Question Here...
Brandon M. is online now
A new question is answered every 9 seconds

Received cease and desist letter-from my husbands ex mistress

Resolved Question:

Received cease and desist letter-from my husbands ex mistress for harassment
a lot of false accusations are in the letter-she started texting & calling me
and emailed me with details of their relationship. What should I do?? it said not to contact anyone and do nothing. To not contact her etc? Letter was mailed standard?? is this typical
Submitted: 3 years ago.
Category: Legal
Expert:  Brandon M. replied 3 years ago.
Hello there:

I am slightly confused; has she been texting, calling, and emailing you after sending the letter, or was that before she sent the letter?
Customer: replied 3 years ago.
She has done all of the above & I did contact her too after her contacts. This is before the letter I received just yesterday. She has also claimed that I set up a false match.com profile of her. In November I did go to police and filed report and they called her and told her to stop contacting me or I would file restraining order. She called me through blocked # XXXXX times. I have had no contact since 11/26 with her through text-same day police called her. Last week she contacted my husband saying that I was harassing her and that she was going to take action. I hope this helps
Expert:  Brandon M. replied 3 years ago.
Hello again:

A cease and desist letter has no legal authority and it isn't worth the paper that it is written upon; the only legal significance is that it memorializes that you were requested to cease and desist.

A restraining order may be granted when someone has engaged or threatens to engage in a pattern of behavior that serves no legitimate purpose other than to harass, annoy, intimidate, threaten, stalk, etc. Sending a cease and desist letter doesn't mean that the recipient's future communications serve no purpose other than to harass, annoy, etc.; it just means that the sender feels like the communications have no purpose other than to harass, annoy, etc. Is that clearly explained?

I cannot tell you what to do because it is a personal decision, but you are basically telling me that this woman is engaged in ongoing behaviors that clearly have no productive purpose and that they will not stop without a court order. For that reason, getting a restraining order against her would make sense.

Let me know if I may be of further assistance. Thanks.
Customer: replied 3 years ago.
They are also claiming that they will file restraining order against me and that they will seek punitive damages.
So what if someone else contacts her and she assumed its me-should I be worried?? or retain an attorney.
How will they know I received the letter?? if they didnt even certify or anything
Expert:  Brandon M. replied 3 years ago.
1. "So what if someone else contacts her and she assumed its me-should I be worried??"

A. You can't worry about what crazy things people might do or not do. By definition, it's crazy! You can't predict it and you can't prevent it! What if someone claims that you robbed them at gun point? Don't worry about those sorts of things.

2. "How will they know I received the letter??"

A. My whole point was that the letter is meaningless. It doesn't matter if you received the letter. It doesn't matter what is in the letter. Your behavior either serves no legitimate purpose other than to harass or annoy, or it doesn't. If it does, it is illegal. If it doesn't, it is not. This is true regardless of whether you received the letter or what was in it. The letter is irrelevant.
Customer: replied 3 years ago.
So if there was mutual contact-after she initiated-and I stupidly responded by asking her to stop calling me and called her a whore-never did I threaten her other to stay away.
They also claimed they would subpoena my facebook etc??
Expert:  Brandon M. replied 3 years ago.
Could you please rephrase the question? I didn't understand.
Customer: replied 3 years ago.
So we both contacted one another- so i guess i can claim harassment too?? Even though most of her
Contact was through a blocked# XXXXX i cant prove it--
I did contact her through email 1x and texted her a few times and called her- this was only after she
Contacted me first-
I should have ignored her but I was
to emotional- so are actions ilegal???
Expert:  Brandon M. replied 3 years ago.
Just because someone claims harassment, that doesn't mean they are being harassed. Tell me if you are getting this? I can claim that there is a pink elephant in your living room, but that does not make it true. I don't care if she claims you are harassing her. The question is not whether she claims you are harassing her. The question is whether you are harassing her.

Yes, if you believe she is harassing you, you may request a restraining order. If the court agrees, a restraining order will be granted.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
Brandon M. and 11 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.