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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11707
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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For Attorney Andrea Hello Andrea, Going back to 3rd

Customer Question

For Attorney Andrea'''

Hello Andrea,

Going back to 3rd person usage, a neighbor of the brother, rang his doorbell at about 9:30 ET AM, to inform the mother (and brother) that the neighbor received a call at 8 AM ET from the sister. The call, coming from the sister, was of an extremely slanderous nature... stating that she was calling all the neighbors, and saying that the mother was going around hitting people with a broom. The brother is furious. He would like to file a police report for harassment. FYI the sister has already filed a police report in FL (investigation closed upon reading the brother's letter of defense), up to 4 APS reports (all closed and found to be baseless), 2 court cases in FL (both cases were not allowed), and the latest NYC petition. The brother would at least like to make today's incident official by filing a police report. The brother hasn't punched back once yet. When is he allowed to deliver a 'strong right hook' (so to speak)?
Submitted: 1 year ago.
Category: Legal
Expert:  Wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. I sent Andrea a message to follow up with you here, when she is back online. If I can help further, please let me know. Thank you for your continued patience.

Regards,
Wendy
Expert:  Andrea, Esq. replied 1 year ago.

Hello and Thank you once again for requesting me,

 

If the sister's comments are directed only against the mother, then the mother should file a police report against the sister. The police will tell her that it is a 'civil matter' and they will, but that is okay because it will set the stage for introducing all of the actions the sister has taken against the mother and the brother in this present action. The mother should file an Answer to the present Petition, or if she has already filed an Answer, then she should ask Court permission to file an Amended Answer, alleging that the sister's present action has no merit, is arbitrary and vexatious and brought for the sole purpose of harassing the mother and forcing her to incur unnecessary legal fees. In support of this claim, the mother should introduce the 2 Florida lawsuits against the mother which were dismissed and the harassment to which she is subjecting the mother. The mother should include in her Amended Answer a request for Attorney's fees and for punitive damages which is a standard request where the Court finds that a plaintiff's actions are arbitrary and vexatious. The mother should also apprise the Court of the slanderous statements which the sister is making to all of the mother's neighbors. This will also set the stage for the slander and defamation of character lawsuit the mother will bring. As a matter of fact, that lawsuit should be immediately filed in order to let the sister know that the mother means business and will not take these accusations lying down. These very neighbors should be served with a Subpoena to come in to testify as to the mother's soundness of mind at the present trial and must also be called as witnesses at the defamation of character trial.

 

If the sister is also slandering the brother, he can also be a plaintiff in that action and ask for the same relief, i.e., damages and Attorney's fees,

 

 

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Thank you for allowing me the opportunity to assist you,

 

 


ANDREA

 

 

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