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I recently sent my ex-husband a harassing text message while…

I recently sent my ex-husband...
I recently sent my ex-husband a harassing text message while on a lot of pain meds following surgery - am I guilty?
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Answered in 5 minutes by:
5/22/2017
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,043
Experience: Attorney with 29 years of experience.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Good morning. Can you tell me what the message said? Thanks.

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Customer reply replied 1 year ago
I'm a little ashamed because of what I said - I was making fun of his son who looks like he may have some issues about being slow....
Customer reply replied 1 year ago
We are going back to family court for him violating a court order again, so this may be because he knows he's in trouble

Thanks for following up. Although it might have not been in the best of taste to send the message, this would not rise to the level of any valid criminal or civil action against you. It certainly isn't criminal and one text is not harassment. And, for there to be any civil cause of action for defamation, the person damaged would have to satisfy the following 4 elements: (i) another person ("Person B") conveyed a

defamatory message they knew or should have known to be false; (ii) the material was published (i.e., conveyed to someone other than Person A); (iii) Person A can be identified as the person referred to in the defamatory material; and (iv) Person A suffered an injury to Person A's reputation as a result of the communication. And, in this instance, I don't see that being the case.

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Richard
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

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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.

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