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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32927
Experience:  Began practicing law in 1992
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What can i do to stop silinder, Pa, no not yet, people

Customer Question

Hi, what can i do to stop silinder
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Pa
JA: Have you talked to a lawyer yet?
Customer: no not yet
JA: Anything else you think the lawyer should know?
Customer: people around here where i live some how they come up with that i take something some someone that i dont event know what i take but yeah they seen to not stopping. what can i do to put stop to this and prove im not that person and it hard that they dont care to keep spreading! Ireealy want to take action on this
Submitted: 7 months ago.
Category: Legal
Expert:  Dwayne B. replied 7 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

There is only one way to force someone to stop slandering you and that is a lawsuit asking for an injunction. You can also ask for monetary damages in the same lawsuit, although it is very difficult to prove damages in slander cases.

You will also want to very, very seriously consider using a lawyer for this even though it will, of course, cost you to do so. Injunctions are extremely difficult and as I'll point out below, if you do something incorrect the judge will not only deny your request but the judge can make you pay for the other side's lawyer fee and costs.

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.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Family Law. Either of those will have the skill set you need. Even though it is not a family law case that is the area of law in which there are more injunctions filed than any other.

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.

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