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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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I have 2 nieces whom have accused me of many many viscious

Customer Question

i have 2 nieces whom have accused me of many many viscious things which i did not do , they have been causing trouble for me for almost 5 years now , about 3 years ago my brother met a new girl friend and married her , they got her involved and she has caused so much trouble , shes posting stuff often about me on face book, my family has tried to talk to her when she does it , she gets mad and starts trouble for them , I have ignored all of this , a year ago in october i was at a friends wedding , she tried to start a fight i ignored her she then poked me in the back of the head with a lit cigarette , i walked away and later had her charged for it , thinking she would stop , but she hasn't , what can i do legally to stop this?
Submitted: 9 months ago.
Category: Legal
Customer: replied 9 months ago.
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Expert:  RobertJDFL replied 9 months ago.

Thank you for using Just Answer. I look forward to assisting you.

You have a couple of options to explore, but I'll be completely honest -there's no "magic" legal answer or option that's guaranteed to put an end to this . First, you should see whether you can get a restraining order against her, which would prevent her from having contact with you or coming near you. You don't say what state this is in, and all states are different (in Florida, for example, restraining orders generally can only be taken out against close family members). Even if you do get a restraining order against her though, that wouldn't prevent her from making false statements against you to others.
In that situation, what you could do is talk to a lawyer about a possible defamation suit. Defamation of character occurs when a person intentionally or negligently makes false statements about someone (either in writing or verbal) to a third party or parties, resulting in damages. Now, damages could be hard to prove -I understand she has been a great source of stress and aggravation and made hurtful comments, but a court can't put a price on feelings. Damages could be something like medical bills resulting from having to see a therapist due to her actions, or loss of income for example, if her false statements caused you to lose your job, or customers. Sometimes, a demand letter from a lawyer threatening legal action is enough to stop a person's behavior, but given that this has continued on for several years, and even criminal charges didn't stop your brother's wife, I don't know if that would be enough.

Customer: replied 9 months ago.
we live in Pa. I own a catering business and cater in the oil field , I also have huge rental houses that are set up for oil field workers , she worked for a oil field company that rented one of the houses , she posted stuff about the rent they paid with other false statements , she has friends on her face book that work in the oil field as well.
Expert:  RobertJDFL replied 9 months ago.

So it certainly sounds like her false statements could have caused you monetary damages, which would support a defamation claim.

Pennsylvania does not have any type of civil harassment restraining/protective orders, only "protection from abuse" type orders, which deal with domestic violence matters.

That said, if the behavior of your nieces or your brother's wife is to the point of threatening, obnoxious and repetitive behavior, another thing you might consider is filing a police report for harassment. The police would then have to look into the matter and decide whether they wanted to charge them with criminal harassment.

Customer: replied 9 months ago.
she posted threatening comments 2 nights ago, and also sent my sister a nasty text message telling her shes as nuts as i am this evening ,
Expert:  RobertJDFL replied 9 months ago.

The message to your sister wouldn't be criminal harassment against you, but the other messages potentially could be, and it may be worth you filing a police report. Just keep in mind that harassment is repetitive. A couple of text messages or phone calls likely wouldn't rise to harassment, but a dozen text messages, or your phone going off all night as she tries to call, or flooding your email with nasty messages? Absolutely that could be considered harassment.

Customer: replied 9 months ago.
thank you very much
Expert:  RobertJDFL replied 9 months ago.

My pleasure! Please kindly remember to leave a positive rating for me (3-5 stars) as that is the only way I will be compensated for my time and assistance. Thank you!

Expert:  RobertJDFL replied 9 months ago.

If you have no further follow-up questions regarding this matter, kindly remember to leave me a positive rating (3-5 stars/happy faces) as that is the only way experts on this site are paid for their time and expertise, even if you placed a deposit. If you do have follow-up questions, please reply, and I'll be more then happy to assist you until satisfied.

Thank you!

Expert:  RobertJDFL replied 9 months ago.

If you need clarification or additional information, please reply, and I'll be happy to assist you further. Otherwise, please remember to leave me a positive rating (3-5 stars) prior to signing out, as that is the only way experts on this site are compensated for our time and expertise, even if you have already paid a deposit to the site. Thank you.