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Good evening! I can help you out with your legal question tonight. I'm sorry to hear about this. It depends on what she said on your Facebook wall.
Were there incorrect facts or just opinions on your wall?
If she was stating events as if they were facts, which she knew to be untrue, then she could be guilty of libel.
Libel is writing something that is untrue, knowing it to be false, to a third person, that caused harm to you.
People can have opinions and share them, however, they cannot misrepresent facts knowing that they are false.
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Good evening. My English is not good but I will try to explain you. My sister is living in Florida. I am leaving in Guatemala. Well, we are from Guatemala, but 30 years ago she and her family were lived to USA. She has 2 children, 25 and 21 years old and I have 4 children. Her girl, Ashley, near to 8 months ago visited us here in Guatemala. One night my son , others cousins and friends , women and men, were to dance. They return home, without any problem. She stayed with us near to 1 week more and then traveld back to Florida. At that moment, one week after, in the USA , with her parents , she began accuse to my son. She returned to the United States and began to accuse my son who had raped her. We wanted to talk to them to clarify what had happened and everything got worse. asked them if they believed in his daughter to put a complaint with the authorities in Guatemala or the United States to clarify everything. Even offered to travel there. After that she began to put sentences against me and my son on the facebook wall, until we blocked. Spend time and leave us alone. But whenever she can put things on the wall of family or others against my son, as it is an abuser, rapist, criminal, etc.. We never would have answered. But it's all a lie. My niece has serious problems and is a way to get attention. We are already desperate and she started writing it on the walls of facebook again. What can we do to stop this.?
I understand. If she is lying, then your son can file a lawsuit against her in court for libel. He will have to file the suit in the county where she lives. You will have to pay an attorney to file the suit so it will cost money, but it is the only way to legally stop her from spreading lies.
Once the lawsuit it filed, you can request a "gag order" preventing her from spreading more lies until the suit is over.
My niece accused my son of rape, when she was in Guatemala. Never was brought here to the authorities to file a complaint. We are the've asked. My sister has written and write things on facebook, against my son. If I understand, we should hire a lawyer in the United States to accuse my sister for defamation and stop these horrible attacks. Or what should we do in Guatemala, or in the two countries.?
No, just in the United States. The jurisdiction where she lives is where you should file the suit.
Ok, I understand. The jurisdiction where my sister lives and my niece. My son is studying his masters now. He has to be in the U.S. or it can be done through a mandate or representation by an attorney.
He can do it through an attorney in the US, but there will come a time during the trial where he will need to be there.
At the trial.
Ok, so he needs to have enough time to travel to USA to be present at the trial. And the attorney must be from Florida, or Boca Raton, where my sister lives.
Yes, that is correct. Did you have any other questions tonight?
No, everything is clear. Thank you.
You are very welcome! Have a good night and I hope your son finds justice. Please leave me feedback so I can help others.
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