Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

Hi, my neighbor harasses me whenever I am in my yard. I recently

Customer Question
Hi, my neighbor harasses...
Hi, my neighbor harasses me whenever I am in my yard. I recently started taping her and have a good 30 minutes of this which includes her cursing and making defamatory remarks. She is on tape daring me to hit her-deriding me for not being a man because I won't. To all this I have made no replies. She has told many neighbors that I am harassing her. (untrue) She is a school teacher and people apparently believe her. She is ruining my reputation. I would like them to hear this tape of her. If I give this to them could she sucessfully sue me for defamation of character? She is the only one talking on the tape. Jerry
Submitted: 9 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 34 minutes by:
11/1/2008
Lawyer: Sam, Attorney at Law replied 9 years ago
Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27,011
Experience: More than 20 years of experience practicing law.
Verified

hi

 

she cant sue you for defamation of character - because that is based on untruths - and cameras don't lie, right? however, under FLA law, all parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication - recording or disclosing without the consent of all parties is a felony. so if she did not give her consent to the taping and, certainly the dissimenation of the contents, she could charge you criminally. you can use this link to read that law

Ask Your Own Legal Question
Customer reply replied 9 years ago

I have already checked into fla. statute ch. 934.03 which reads: "Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication."

 

I also read elsewhere that if my recording device is located anywhere in my front yard, that is an area where there is not a reasonable expectation of privacy for my neighbor.

 

Please look these matters over and let me know. Greatly appreciated, Jerry

Lawyer: Sam, Attorney at Law replied 9 years ago

hi

 

i caution you about releasing the tape to anyone - in 934.02 it states

 

2) "Oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication.

 

my interpretation is that the exceptions are in regard to open meeting laws - and while you can have a security camera or film what is going on your property - there should have been notice given to her that she was being recorded - and that should appear on the tape - and then if she continued that is considered consent.

 

 

Ask Your Own Legal Question
Customer reply replied 9 years ago

I have a sign in the front yard that says; "property under surveillance by video and audio"

and I've read that this is all that is required in my front yard.

Thanks, Jerry

Lawyer: Sam, Attorney at Law replied 9 years ago

hi

 

again, i do not think the law protects you if you dissiminate the contents of the tape - that is my opinion and interpretation of the law -

 

have you thought about seeking a protection order -you can go to the clerk of your court in your county and ask for the petition form - fill it out, state about the harassment, making detailed accounts and seek that - if that is issued and then violated the neighbor can be arrested.

Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27,011
Experience: More than 20 years of experience practicing law.
Verified
Sam and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Sam Your Own Question
Sam
Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27,011
27,011 Satisfied Customers
Experience: More than 20 years of experience practicing law.

Sam is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
If suing someone for defamation or for damages related to
If suing someone for defamation or for damages related to any action they may have taken that caused clear damage, if they don't have a lot of money - what are the options for seeking the money. With … read more
KLAW
KLAW
Juris Doctorate
1,770 satisfied customers
Do you handle defamation/slander cases? I work for mercedes
hello - do you handle defamation/slander cases? I work for mercedes benz and a customer took a survey and called me a "transgender" he/she, which over 400 of my coworkers had access to read, … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
34 satisfied customers
Someone from the UK is threatening a defamation lawsuit over
Someone from the UK is threatening a defamation lawsuit over a youtube video in which nothing was said about this person. I live in the US. What is the jurisdiction? US or UK? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
If one commits defamation is there something one can do
If one commits defamation is there something one can do before anything is filed to reduce losing a house or 401m?… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
I'm being harassed by the mintence man. Okllahome. Like.
I'm being harassed by the mintence man JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Okllahome JA: Has anything been filed or reported? Customer: Like JA:… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
I have a person that is defaming me on Facebook and other
I have a person that is defaming me on Facebook and other social media. It is a worry as it is affecting my career as an Aboriginal artist , this person who is doing this is an x lawyer and I feel is … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I've been serve with defamation of character. My Hoa
I've been serve with defamation of character. My Hoa president called me on the phone and told me that my 11 years old son tried to drown her son at the community pool in our neighborhood and told me … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
In a civil case when suing for defamation is it true that
In a civil case when suing for defamation is it true that Damages are presumed and need not be proven with evidence of actual damages? That damages pursuant to Defamation per se analysis? Can anyone e… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
Are you an attorney? Alabama. I have em exe who is defaming
I have em exe who is defaming my character on Facebook. This is very serious in nature.… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In California, is it possible to file a defamation of
In California, is it possible to file a defamation of character claim against a place of business that files a police report alleging criminal threats, when one threatens to exercise their first amend… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have a defamation issue and would like to speak to an
Hi I have a defamation issue and would like to speak to an attorney. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
Defamatio of character. New york city. Just a defamation of
defamatio of character JA: What state are you in? It matters because laws vary by location. Customer: new york city JA: Has anything been filed or reported? Customer: no JA: Anything else you want the… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
If a defamation would insite a criminal act from a mental
If a defamation would insite a criminal act from a mental person. Could the said person who slanders / defamation that person be held responsible of a crime? … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,263 satisfied customers
Who are the best defamation lawyers in the Buffalo, NY area?
Who are the best defamation lawyers in the Buffalo, NY area? … read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
I am being stalked/followed, harassed, and defamed. The
I am being stalked/followed, harassed, and defamed. The people who follow me go into the establishments that I conduct business with-restaurants, doctor offices, grocery stores, etc. and get security … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,318 satisfied customers
Is a consumer subject to a defamation... Is a consumer
Is a consumer subject to a defamation... Is a consumer subject to a defamation suit if filing a false e.g. "I think I've been scammed" to a Federal Agency, e.g. FTC, CFPB etc.? (it's been reported tha… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Seeking an attorney on contingency on complex defamation
Seeking an attorney on contingency on complex defamation and sexual … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I want to know if I have a case for harassment, defamation
I want to know if I have a case for harassment, defamation or slander … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x