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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32372
Experience:  Began practicing law in 1992
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In reading your response to issuing a gag order on someone,

Customer Question

in reading your response to issuing a gag order on someone, are you saying that it could be possible if someone has specific non truths they wish another individual to no longer state?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
also, is there something to do about going after the supervisor at his work for inquiring about my personal business to my brother--regarding the same subject/accusation. Apparently what caused my brother to snap yesterday was that his supervisor (my ex's girlfriend according to my brother) was questioning him about the validity of the accusation of my cheating. I don't understand what this has to do with him or why my personal life is being questioned by a supervisor that I have no dealings with. Should I go to their HR?
Expert:  Dwayne B. replied 1 year ago.
In your first question as to the gag order, I'm not sure what you are referring to or what you are asking. I am guessing that you are looking at a post made somewhere on the website but there are thousands of them on here.
If you don't mind, can you please provide some facts to put your question as to the gag order in context? Assume that I have no information other than what you provide.
Customer: replied 1 year ago.
A few years ago, my now ex-husband, made some serious accusations to our church board about my having an affair with our pastor. The accusation was investigated and closed as members came to the conclusion that he was making these things up because of his own insecurities (not first time he accused me of cheating-anything that walked-both male & female- were fair game) and that there was no evidence to prove that anything had or was taking place. Needless to say, this caused the church and school (which my children attended) to close and many families to break, including our own (it was the final straw for me because he got the children involved-they had to endure comments from staff about what happened- and that was their/our family's safe place). Years later, he is still stating this to people at his place of employment to family members on both sides that we have contact with and anyone else who will listen to him. I didn't care about the people I don't know until last night. I was physically assaulted by my brother (who works with at the same place as my ex) because according to his supervisor (my ex's girlfriend), I have told my ex that my brother is on drugs and when the supervisor came to question him she brought up the accusation made by my ex all those years ago. So, my ex is not only still making these specific false statements about me, he is now also involving me in whatever issues he & his girlfriend have with my brother. I have lost many so called friends, mentors and even the respect of my children because of the lie he started and continues to spread. He has even threatened me in the past to call the pastoral staff at our (my children & my) new church so that they won't let us serve in ministry. I'm tired of him spreading this awful lie about me and bullying me into shame, a shame that doesn't belong to me and stems from his insecurities (he was a serial cheater & so were his ex girlfriends before me).
Customer: replied 1 year ago.
Would wanting to "gag" him from making this specific statement be possible? or would something else be appropriate? defamation of character? retraining order? I just need help. I endured a lot of public shame, verbal & emotional abuse and now I'm being physically attacked.
Expert:  Dwayne B. replied 1 year ago.
You could certainly sue for an injunction against him making any disparaging statements. One of the elements required for an injunction is an "irreparable harm with no adequate remedy at law" and you can make the argument that a reputation really can't be repaired but you won't be able to take the position that people don't believe him and still get the injunction granted.
In addition to the injunction you can sue him for slander/defamation as well, depending on exactly what he said and how he said it. Slander involves some lying about facts as opposed to opinion. As an example, if someone said "I think Sue is sleeping around" that isn't slander whereas if they said "Sue is sleeping around" and sue wasn't then it would be slander.
The main issue most people have with these types of cases is that they are fairly expensive to pursue and it is rare that you can recover enough money to pay for the attorney's fees and costs you have incurred.
Customer: replied 1 year ago.
Recover money? From who, him? Would any of these cause him to have to, by law, stop making that statement against me? How could/would it be enforced?
Expert:  Dwayne B. replied 1 year ago.
You would try and recover money from whoever is slandering you.
An injunction could make him stop making disparaging remarks about you. It is enforced by way of the court finding him in contempt if he violated the injunction. If he is found in contempt it could result in a fine, legal fees, or even being put in jail for a period of time.
Customer: replied 1 year ago.
Ok....What about the issue of the lady at their place of employment? I don't even know her and she is involved in spreading yet another lie about me. Aren't there HR guideline she should be following?
Expert:  Dwayne B. replied 1 year ago.
HR guidelines are internal issues and really have no force of law or effect outside of there.
You can certainly sue anyone for slander or an injunction against them spreading lies against you and you may even want your attorney to send a letter to their employer advising them that their employee is doing so while acting as an employee and thereby putting the company at risk of being sued.
Customer: replied 1 year ago.
Final question, what type of lawyer would be best.
Expert:  Dwayne B. replied 1 year ago.
Look for one who does civil litigation. You can go to www.lawyers.com and in the Area of Practice box enter civil litigation and you should get a list in your area.