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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 12426
Experience:  Experienced in multiple areas of the law.
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My nephew is trying to blackmail our entire family for

Customer Question

My nephew is trying to blackmail our entire family for supposed abuse as a child. He claims we all knew of the abuse which is not true. He could be lying about the whole thing. He is also a drug user and alcoholic. what is the best way to make him stop trying to slander us on social media?
JA: Because laws vary from place to place, can you tell me what state you're in?
Customer: He is in Iowa and we are in South Dakota.
JA: Has anything been filed or reported?
Customer: Nope.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have already given him money (not because of the blackmail). His ex-girlfriends dad was supposed to be paying me back but the nephew is making sure that doesn't happen.
Submitted: 14 days ago.
Category: Legal
Expert:  RobertJDFL replied 14 days ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 14 days ago.

There's no one sure fire way to get a person to stop doing what they are doing, of course. You should make first, first off, that any false statements being made on social media sites like Facebook get reported to them as false and request that they be taken down.

Next, you may want to consider sending a "cease and desist" letter. Sometimes the threat of legal action is enough to compel someone to change what they are doing. Few people wish to get involved in the paperwork and courtroom appearances that a defamation lawsuit would require. Not only would a successful lawsuit end up causing the accused party more money for court costs, but it would take up the accused party's time and could even damage their reputation. A cease and desist letter is a way of giving someone a chance to stop what they are doing and avoid the hassle of a legal fight because it warns them to immediately "cease and desist" what they are doing or face potential legal action. While you could draft this letter yourself, it would have far greater impact coming from a lawyer, in my opinion (and this is something that would probably cost you about an hour of the lawyer's time).

You may also wish to mention to your nephew that extortion is a criminal offense in its own right, and should he continue to try to exploit you or other family members for money, you will not hesitate to contact the authorities and file a report.

Customer: replied 14 days ago.
Thank you. He's also threatened to kill family member is a text. Is this a criminal offense?
Expert:  RobertJDFL replied 14 days ago.

Potentially, if it's a realistic, credible threat that puts them in fear of imminent and immediate harm or danger. What I mean is, you mention he is in another state. If I call up a family member across the country and say "I'm coming over to kill you right now!" --that's not really an assault, because the reality is I'm not getting on a plane, flying hours, renting a car, driving to the house, etc. It's not going to put them in fear of imminent harm.

But, if your nephew lived close by and makes the same threat, and they know he has a house full of guns and knives for example, that is definitely much more credible and should be reported.

Expert:  RobertJDFL replied 14 days ago.

Was there anything I could add to my answer or clarify for you?

I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have. In return, I ask that you show good faith in compliance with the Terms of Service by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts. Thank you!

Customer: replied 14 days ago.
Not right now. Thank you.
Expert:  RobertJDFL replied 14 days ago.

Very good. Please remember to leave a positive rating then by clicking on the stars at the top of the page so I am credited for my time and assistance. You can always reply back (at no additional cost) should you have a related follow-up question at a later date. Thank you again for using Just Answer.

Expert:  RobertJDFL replied 9 days ago.

I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have. In return, I ask that you show good faith in compliance with the Terms of Service by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts. Thank you!