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 Legalease Your Own Question

Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14451
Experience:  15 years exp all aspects of general law
Type Your Legal Question Here...
Legalease is online now
A new question is answered every 9 seconds

My ex-es new girlfriend has been entertaining herself by posting

Resolved Question:

My ex-es new girlfriend has been entertaining herself by posting a book on face book. In this book she includes my closest friends as and I as characters. The stories revolve around actual events and are easily recognizable to people associated with these mutual friends. The only strange part is she includes me in the stories even though I have been out of the picture for several months. Indeed, I no longer (hang-out)with my ex. In these stories I have been included in recent events and such and portrayed as the most despicable character etc. Easy enough for me to ignore and I have all this time. In the last month the insults to my self and closest friends have increased causing our once mutual friends a great deal of embarrassment. Their spouses have contacted my ex and asked that the stories be stopped. The response was that the names have been changed and there is nothing you or anyone can do about it.
Two problems, my ex is so amused with these stories that he (shares) them on his own face book page where our twelve year old , his friends and teachers have access to them. Secondly, I am in home health care subject to (Level Two ) Security. My references must remain impeccable.
So my question is, what I do to stop these stories involving a character based on me. It is my understanding my ex uses the computer at his place of employment to post the stories during business hours.
Any help or advice would be greatly appreciated.
Sincerely,
Lori
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there

-

Please give me a few moments to review your question and post an Answer below. I thank you for your patience in this matter because I have been having intermittent issues with the website and for some reason have not been able to access this question for a few hours. THANK YOU

Customer: replied 1 year ago.


Alrighty,


Hoping that you are able to access the web-site, review my question and respond some time today.


Thanks,


Lori

Expert:  Legalease replied 1 year ago.

Hello again Lori --

-

I absolutely apologize for that. It seems that the computer hooked directly into the internet connection is working fine, but the wireless connection is shot. Modern technology -- we all have to LOVE it don't we?? LOL

-

Turning to your situation, what you have here is a case of Defamation of Character / Libel (libel is where the defendant actually prints or published the defamation as she is doing here on the internet - it is a civil lawsuit that you can file against the person using your photos or your essence/persona as a basis for something else. Because the "characters" she is "creating" are easily recognizable to you and your friends as being based upon you and your friends, she does not have the right to publish these stories in a public forum as she seems to be doing. You see, many people make the overall mistake that if they simply change a name they can base a character on a person they know who is not in the public eye, and that is simply not the truth. If there are enough elements of this character to identify her as you to people who know you (and that goes for other characters that she is using as the "friends" in her internet posting) then you have the right to sue her for Defamation of Character because what she is doing is harming your reputation and the reputation of the other people she is doing this to along with you. And, even if she claims that she had "no idea" that what she was doing is against civil laws (and criminal laws in some instances) -- this defense that she was simply negligent and not deliberately malicious will not work in this situation. You see, if you were a public figure -- a celebrity or someone else who deliberately puts themselves in the public eye -- then you would have a harder time proving defamation of character -- you would have to prove that the statements were not true and that she acted out of malice and not simple negligence when she created this character based on you and other characters on people that you know. But because you are already a private figure and have the right to keep your private life private you have a very good chance of recovering a damage award for this. Here is a link to one of our sister websites where it explains the Florida rules and laws for the elements of a Defamation of Character claim: http://www.dmlp.org/legal-guide/florida-defamation-law

-

Now the point here is to decide where you want to go with this. I do suggest that you hire an attorney in your county who specializes in this type of law in order to send an immediate "cease and desist" letter to her with a threat to sue her and your ex for defamation of character and that you will get all of the people she has included in her little "game" to sue her collectively at the same time. Hopefully that will be enough to get her to stop this behavior and then you can decide from there what you want to do and how far that you want to take this matter with the assistance of the attorney.

-

Please let me know if you have further questions on this matter. I do believe that you have an actionable claim here against her -- but if she decides to stop doing it after the cease and desist letter then you may want to decide to leave it at that so long as she does not take it any further. To find an attorney who handles these matters you should contact your local county bar association and ask for several referrals to attorneys in your area who handle such claims and you can speak to a few of them and decide who you would like to take these matters further with, if any of them.

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing a positive rating below will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU !!

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14451
Experience: 15 years exp all aspects of general law
Legalease and 17 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.