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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55725
Experience:  Attorney with 29 years of experience.
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I recently sent my ex-husband a harassing text message while

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I recently sent my ex-husband a harassing text message while on a lot of pain meds following surgery - am I guilty?

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!

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

Customer: replied 5 months 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: replied 5 months 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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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.