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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32372
Experience:  Began practicing law in 1992
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I have been harassed from an individual via emails.... he

Customer Question

hi Pearl I have been harassed from an individual for years via emails.... he use to be a friend of my ex-fiancee. i am no longer with my ex fiancee the guy and her seems to have a financial battle over some funds she took from him she never returned. he is been harassing for 3 years at least asking me to assist her to pay her and i never responded to those emails except once at the very beginning... he said as well many negative things about me however all this is not important as much as today i receive an email him finding out where i work and stating he is going to discuss this personal matter with my boss..... which i really don't understand what it has to do with me none the less with the people i work with!
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: i need immediate help
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: thats the briefing
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Customer: i met this guy only once in my entire life
Submitted: 5 months ago.
Category: Legal
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 5 months ago.
state of florida
Expert:  Dwayne B. replied 5 months ago.

Is there a specific question with which I could assist?

Customer: replied 5 months ago.
I am being harassed by an individual whom i met once thru myEx Fiancee. he seems to have a financial issue with her and they have legal battle going about it. through the past 3 years i have been receiving email about discrediting my educations and asking me to assist my ex fiancee to pay him the loan she took from him...... a SAGA that i always ignored as it was never related to me and as i said i have met this guy over lunch once in my life as an introduction. Today i received bunch of emails where he found one of my clients and he is stating he is going to contact them to discuss this matter on how they feel about me helping my ex fiancee to pay him!.....this is ridiculous. How can i put legally a stop for all this?
Expert:  Dwayne B. replied 5 months ago.

You can consider contacting the police and filing a complaint. However, since you never know if they will pursue it and, really, once you report it that is all you can do as far as a criminal issue then we can discuss what to do civilly.

In a civil case you could hire a lawyer and seek an injunction against the person to keep them from contacting you or anyone else about you. An injunction is a court order prohibiting a person from doing something. However, they are extremely complex and procedurally very difficult so you definitely want a lawyer.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 5 months ago.
practically i have to hire a lawyer to file for an injunction? what kind of lawyer i shall hire?
Expert:  Dwayne B. replied 5 months ago.

Yes. YOu can find a lawyer at www.lawyers.com In the area of practice enter the tem Family Law and get a list and then enter the term Civil Litigation and get a list, then compare the two lists and pick someone that does both. Most injunctions are done in family law cases but this would actually be a case where a Civil Litigator would also be a help. Someone who is on both of those lists will be able to handle anything that you need done in the case.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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