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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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What can I do to an lusk,wyo. Detention officer that has

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What can I do to an lusk,wyo. Detention officer that has made a point to tell a lady about her ex boyfriend's new girlfriend had been in juveniles court 16yrs. Ago and that she was able to have her crime information locked and sealed. So therefore it had something to do with her not being allowed to be around small children?? This is a lie, my daughter had to go live at a rehab group home when she pleaded guilty to having played Barbies with a with her cousin's 3yr old boy when she was 12 or 13 yrs. Old. Which was a one-time incident , his mother held off filing any charges for 3yrs. While playing w/ doll's the clothes were removed AND they laid the dolls on top of one another.... any how she lived there for 4yrs. , Graduated highschool. And was released when she turned 21yrs. Old. Her p.o. got her juvenile records sealed. But if she ever re offended she would be charged on the juevinle charge 'es plus current charges. Well she learned what was right and wrong in what she had done. She had gone through a familiar situation when she was , from birth to 3yrs old herself. When she was able too tell me her teenage male cousin had been touching not only her but 5 other young family members,well I couldn't prove it and it was told that I had brain washed my two daughters and was an scorned ex wife trying to cause his whole family anguish?? So my daughter became convinced that the sexual abuse had kinda felt nice and evidently was something normal.. any way, my daughter 's new guy friend has a 3yr old son and his ex is telling him that she is not going to allow him to be able to have or see his son as long as he stays with my daughter all because the detention officer has lead her to believe that his new girlfriend is a child molester. The officer in question happens to be my ex son- in - law. He had gotten a divorce from my oldest daughter 16 yrs ago. Not only is he an prison guard at a woman's detention center, he is in the morman church as some sort of a bishop. But I am aware that He like has an Open marriage and as recently his wife whom also had been a guard for yrs. But recently has quit and moved out and living in another Town and works as a grammar school teacher NOW. So maybe he is the cannon and trying play the field or whatever. Who knows. He is known as a womanizer . Maybe he shouldn't have so much authority AND needs TO work on hi own issues?? What can I do stop him from bashing my daughter's character and have it end up with her being accused of crap of molestation?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The question I see that is not rhetorical is:

What can I do stop him from bashing my daughter's character

There are a couple of things she can do (you can't actually do anything if your daughter is an adult).

First, she can sue for slander/libel/defamation. That is usually not the best option because these type of cases cost a lot to pursue, they're hard to win, and lawyers don't take them on a % basis so she would have to pay all of her lawyer's fees up front. However, it is an option and may be possible to do as an "add on" cause of action if she is suing for something else. In that case it doesn't cost anything extra to just "throw these in" with the other lawsuit. The lawyer may spot other cause of action after a discussion with her, such as harassment. It doesn't really sound like an harassment case but it is possible and may have more depth after a full interview.

It sounds like her main focus should be on pushing for an injunction. An injunction is an order from the court telling another person not to do or say something they shouldn't be doing or saying anyway. Under these facts it would be directed to him telling him not talk about her in a disparaging manner, not to mention juvenile matters which have been sealed or expunged, etc.

Injunctions are extremely complex and procedurally difficult. She would definitely want to hire a local lawyer to help with this and that should also give them a chance to review other causes of action.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

If there are other questions I missed or that you meant to ask and didn't phrase them as a question please feel free to ask them as a follow up in this thread.