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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4828
Experience:  Experienced in both state and federal court.
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An ex of mine is accusing me of calling s mom from a unknown

Customer Question

An ex of mine is accusing me of calling his mom from a unknown number threatening to shoot him in the head. Which is of course not true. I later recieved threatening messages from a TextNow app who threatened me and my child and said they knew where we lived and who we are. What can I do? I already filed a police report, can I sue for emotional distress, defamation, libel?
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

You did the most important step by filing a police report.

As for the defamation, there are two problems with such a suit. First, you have to prove that the untrue statement was communicated to someone other than you. At this point, you don't seem to be able to do that. Second, even if you could prove that, you have to show that the communication somehow caused you some financial loss. Emotional distress isn't enough.

As for the text you received, you could take action there, but the issue is identifying who sent the text. While you may think you know who sent it (and you may be correct), you have to have evidence of that fact.

I just don't see a lawsuit here worth your time and money, but getting the police involved was definitely the right thing to do. If the facts develop more, that may change things, but as it stands right now, I just don't see a realistic lawsuit.

I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "rate" my answer before you go. Good luck.

Customer: replied 1 year ago.
I see the app on textnow terms and conditions on how to reveal the persons information, by police suponea only. But I have on text that he told two people he thinks it was me. Would that be sufficient? Also, because of this lie he is threatening me with reporting it to the police. Which I told him I would gladly turn over phone records on my behalf. Can I do anything about this? I just need to know who is behind this and have the threats to me stop.
Expert:  Chris T., JD replied 1 year ago.

It sounds like the police will figure out who sent the text. Just stay on them about sending a subpoena. As far as him reporting you to the police, you can't do anything to prevent that. The police are your best bet to find out who's behind it. You just have to stay on top of them.

Customer: replied 1 year ago.
Thank you and last question, since I have by text that he admitted he told two people that I was the one who threatened him is there enough evidence for a defamation suit. And the reason I ask is anytime he gets a crazy text, phone call he always blames me and threatens me to the police which are false accusations. He has done this in the past because I wouldn't take him back. Now I'm being harrased by him all over again.
Expert:  Chris T., JD replied 1 year ago.

It certainly helps, but you still have to prove that you were damaged in some financial way to have a defamation claim. For example, if you lost a job or business due to his defamatory statements, then you could recover some money. However, if you can't show some loss of money, you won't win anything in the suit, other than proving that he's lying about you, and it will cost you thousands in attorney's fees.

Customer: replied 1 year ago.
would I have enough for a valid restraining order?
Expert:  Chris T., JD replied 1 year ago.

You likely would. For more information on Protective Orders, see here: http://statelaws.findlaw.com/texas-law/texas-protective-orders-laws.html

Expert:  Chris T., JD replied 1 year ago.

Can I do anythign else for you? If not, please remember to "Rate" my answer before you go (that's how I get credit for my work).