How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29802
Experience:  Lawyer
Type Your Legal Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

My name is ***** ***** and my issue is regarding about

Customer Question

Customer: my name is ***** ***** and my issue is regarding about libel/oral defamation and restraining order
JA: Thanks. Can you give me any more details about your issue?
Customer: yes.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $36) to post your type of question to Legal Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: a few days ago, on the social media Facebook, few of my friends has been nonstop messaging and calling me regarding of something that was publicly posted on my wall. i was on vacation overseas that time that is why i'm not online all the time. they told me that the wife of my long time (12 years) friend ryan has posted humiliating things for public to see about me. she stated on the post that she knew that i was having an affair with her husband (which is a lie), was telling on the post that i cheated numerous times with my ex husband (which is a lie) and was threatning to expose more things about me. i live in washington state while this person lives in calgary, alberta canada. is there any way i can file a restraint order against this person and sue her for defamation or libel? i have a sworn statement fromm the people that saw the said post and was notarized by the prosecutor in the philippines. the post was removed after 10 minutes of being there when they are trying to get a screen shot of it.
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

A restraining order typically is for when someone is threatening you or your family with immediate, physical harm, and you have reason to believe they are willing and able to carry it out. This person has no way of causing you a physical injury while you're in the Philippines or Washington state, if she's in Alberta, Canada. You can, however, block her on social media and ask your wife to do the same, so she cannot post things on your wall for your friends to see. You may also want to look into changing your account so people can't write on your wall or tag you in posts without you approving the message.

As for the post itself, it is defamation of character to tell people that you're having an affair when you're not. You would have to bring the people who saw the post into court with you to testify about what they read - a written statement is hearsay, because it can't be cross-examined (even if they signed under oath, a judge can't base the entire case on hearsay). The bigger problem, though, is where to sue. You can file a lawsuit in Calgary, but you cannot ask a judge to order her to pay your costs of traveling there. You can sue her in Washington, but it will be extremely time consuming and expensive to collect a judgment unless she owns property or has bank accounts in Washington. Since the post was only up for a few minutes before being removed, unless she posted it again, it's possible that you'd be spending a lot of time and money trying to collect just a few hundred dollars. There are valid reason for doing this, but I just want you to know that you might wind up not getting money from her.

What she's doing is considered cyber-stalking, which is illegal under Washington law. RCW 9.61.260. You can file a police report, but since the Washington police can't arrest someone in Canada, you may have more luck with the Internet Crime Complaint Center.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.