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How are you? I've been having a problem maybe the past year…

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Hi , how are...

Hi , how are you ? I've been having a problem maybe the past year now dealing with slandering , harassing and stalking me and my family and I've been to the police station multiple times they haven't done nothing , I filed affidavits on the person and now they have started right back doing the same thing. I want to know what I need to do.

Lawyer's Assistant: Because criminal law varies from place to place, can you tell me what state this is in?

Columbus. Ms

Lawyer's Assistant: Has anything been filed or reported?

Yes ma'am , multiple times .

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ma'am that's basically it just need to know how to handle this if the police station isn't trying to

Submitted: 10 months ago.Category: Criminal Law
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Answered in 5 minutes by:
10/4/2017
Criminal Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Criminal Law
Satisfied Customers: 14,184
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Criminal Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thank you very much for your patience. You may want to consider just writing a cease and desist letter on the parties that are engaging in these activities. Lawyers use letters like these often to enforce their client’s rights. Here’s a website that has a good template (click here). It only costs $10 and it is way cheaper than litigation. Also, if they are harassing you and you were concerned about your physical safety, you may want to consider getting a restraining order from your local court. Usually, the local courthouse will grant a restraining order on a temporary basis the same day and instead of hearing for later on to determine to the restraining order should be granted. Finally, if they don't stop the behavior, then you may want to consider filing a lawsuit in a local Court. The basis of your claim could be defamation. Defamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.)

Although I don't know the full extent of what was the supposed defamatory statement, run the alleged statements through that analysis to see if it fits.

If it does, then the other party may have some defenses. Here are the typical defenses in a defamation case:

(1) Legislative Privilege - Meaning the statement was made in a legislative proceeding

(2) Judicial Privilege - any participant in a judicial proceeding the absolute privilege to utter defamatory statements

(3) Executive Privilege - privilege affords an absolute privilege to high ranking executive officers of state and federal governments when acting within the scope of their discretionary duties

(4) Domestic Privilege - affords a spouse the absolute privilege to make defamatory statements about a third person to their spouse.

(5) Truth - if the statements you made were true, then this is a defense as well

(6) Opinion - courts have ruled that the opinion defense is one where if you provide your opinion, then a defamation charge will not stand.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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