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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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NY Samples of valid evidence to file a civil suit for

Customer Question

NY Samples of valid evidence to file a civil suit for harassment, defamation;An elderly couple...(the wife) after returning back to her home after spending the winter months with another sibling, is wanting her home environment to be rid of her eldest daughters disrespectful SPOUSE (their former male elder companion driver) since he is a conflict instigator and is harassing the family and insinuating elder abuse by another sibling but nothing has been filed. Only threats. For over a year as their male caregiver, there was never any mention of the elders competence or elder abuse of the couple as far as care being provided to the elders in the home by the adult children of any shape or form until my sister married him after he moved in as her boyfriend. He had always been opinionated but began to manipulate and coerce directives to our sister whom was the main caregiver to our parents. This eventually alarmed the other siblings and our mother who's competence, logic and physical health is 95% intact except for driving and short term memory.
The hope to save my sister from his disrespectful control (which drove her to relapse after 10 years of sobriety) might be to file a civil suit against him for harassment and defamation. Hopefully to seek a court restraining order as well as money damages against him for his continued improper behavior in making the false complaints toward my folks and the other siblings who are first generation immigrants in this country so multi-generational living arrangements are quite common and NOT considered "third world" to a large minority in this country of other parts of the world as long as everyone's needs are met and more.
But when you wrote "file complaints" in my previous question, what did you mean by "file".?
And what are some examples of criteria or data that would be valid to collect to have a successful case?
Submitted: 11 months ago.
Category: Family Law
Expert:  Samuel II replied 11 months ago.


This is Samuel. I am reviewing your question at this time. I will provide you information here. Thanks for your patience.

Expert:  Samuel II replied 11 months ago.

The use of the word "file" means to bring the lawsuit by filing a Complaint with the court.

Proving defamation is not always easy. Defamation must be an absolute untruth being put out to others as the truth all the while the person committing the dissemination of the information knows that it is absolutely untrue and yet, with intent to harm continues to make the defamatory claims. Truth is always a defense to a defamation lawsuit.

Harassment is generally a continued course of conduct that is without justification wherein a person is annoyed or harassed by another's behavior. The key here is the "victim" of the harassment must first put the harasser on Notice to cease and desist the behaviors because they are annoying and or harassing.-

Expert:  Samuel II replied 11 months ago.

So if you want to "file" a harassment lawsuit, you are going to first need to put the person on Notice by writing a letter of cease and desist the behaviors. That should be mailed to them Certified with a return receipt requested.

Customer: replied 11 months ago.
Hmm I did write a text and sent an email and they appeared to have stopped but now they are filing for guardianship as revenge ...
Customer: replied 11 months ago.
If I had filed for harassment 3 months ago, I would have succeeded but now the person is moving out. Yet still in my property but because my sibling is their spouse that relapsed. Would a local elder law attorney that is familiar with harassment and defamation be able to coach my family as to how to proceed as issue will continue to unfold because the person has in my opinion, Histrionic Personalty Disorder traits.
Expert:  Samuel II replied 11 months ago.

Thank you. ***** suggest you should consider at least a consultation with a local elder attorney. And you could consider a Guardianship over your sibling, if that is something you would be interested in.

Customer: replied 11 months ago.
Most attornies are just fishing for a case that could be active... This one is just festering along. Yet I could use guidance so that my folks are given quality continual care but avoiding guardianship unless that's a good idea? That's another question.
Expert:  Samuel II replied 11 months ago.

Guardianship are sometimes a good idea, but that is something you and a local attorney should discuss to see what works to everyone's best interest. I suggest you can use the NY Bar Association for a legal referral service for an Elder Law Attorney in your area. The contact info is below.

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Open today · 8:30AM–5:30PM

Customer: replied 11 months ago.
The elder law attornies I called don't call back. So I'm thinking that they can't be hired to advise along the way. They hear if there is a case first?
Expert:  Samuel II replied 11 months ago.

Alternatives to guardianship include health care power of attorney and durable power of attorney (which are similar in scope to guardianship of person and estate, respectively), jointly owned bank accounts, designation of a representative payee to receive the older person’s Social Security income, etc. So you could consider those options, too.

Expert:  Samuel II replied 11 months ago.

The POA is a good alternative.

Customer: replied 11 months ago.
IN the same suit for harassment and defamation, would disrespect for personal property by taking the elder persons property be something that could be "filed" under the same harassment lawsuit ?
Customer: replied 11 months ago.
sorry for the delay

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