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 Attorney2 Your Own Question
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 7227
Experience:  29 Years In General Practice,
68197583
Type Your Legal Question Here...
Attorney2 is online now
A new question is answered every 9 seconds

I am needing internet defamation legal defense. Upon

This answer was rated:

I am needing internet defamation legal defense. Upon discovering about an affair involving my wife from almost two decades ago, I was distressed beyond belief. I lost over 90 pounds and have had emotional issues since. I am on prescription medication to help with my anxiety. Anyway, I wanted to confront the other party to get their side of the story. I wasnt sure I had gotten the entire story. I sent emals via every avenue I could find to try to get a response. I wasnt succesful, except for a sheriffs deputy calling me threatening to arrest me if i didnt stop. I did stop, but my pain didnt. One night not so long ago I found www.shesahomewrecker.com. I posted the whole thing. I eve included a story about this persons son-in-law whom was posted on facebook by an individual who talked about how this person was a child predator. The man my souse had the affair with was much like the discription. My spouse admitted that the individual she had the affair with had been interested in her since she was a teen (underage). My spouse spoke of how her mother didnt want this man around her. I included all of this in my post. Nothing I posted is a lie. I posted only what I have been told about the affiar and what I read about the other mans son-in-law. The affair itself happened back in 1995-1996 and involved further communication in 1997. I used a wedding photo of my wifes lover (wedding photo) I found on facebook on a public profile. the picture is of the man my wife had the affair with and his new wife. I used it, because he and my wife began their affair just three months after the wedding photo was taken and just 3 months after my son was born. I went after this guy so heavily due i part of my worries that he may be the father of my son, I couldnt be sure. Now, I am regretful for the post and want it down. I have already got a reputation company working on haviing it removed but read it may take a court order to do so. I want to have it removed just in case what I wrote can be used to sue me or get me any some other legal trouble.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: not about the hoewrecker site post. Im guessing they reported me to the police a year ago, because a deputy contacted me and read many of my emails and threatened to have me arrested for harassment if I didnt stop (which I did stop). That was over a year ago now.
JA: Anything else you want the lawyer to know before I connect you?
Customer: thats all

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

Has a defamation suit been filed against you?

Customer: replied 3 months ago.
No not yet. A year ago when Inwas trying to get answers to the truth of the story, I made many attempts to contact the other man, but he wouldn't answer any emails. I didn't even know if he was receiving them. I was very upset because I wasn't getting the whole truth from my wife. There was
Paternity questions that weren't answered and many other issues. I wanted his version and an apology. I was so stressed that I had seizures and had to start medication. I couldn't sleep. I never threatened in my emails, but would state he was being cowardly for avoiding my questions. I wanted a confrontation to discuss this. I posted some negative reviews on a few sites to vent my frustrations, but never threatened him. I finally received a voice message from a person identifying themselves as an officer and that They received harass complaints and that Inshould call. I called bothe the caller ID and the return number that was left only to find that it wasn't a politics officer. I emailed this man to call him out in having a fake officer call to intimidate me. Still I got no response. I stopped trying at that point and about a month later a man identifying himself as a deputy explained he had a warrant for me for harassment. He went on to tell me that if Inwouldnapologize for harassing this man that they would drop the charges. I refused to apologize to a a man that lies for so long and that might even be the father of my son. I did agree not to contact these people any longer, which I have not called or emailed since last May of 2016. The deputy said he had ran my emails through the internet crimesmdivision and knew it was me sending these emails. I never made a threat against him or any of his family. I simply wanted his version and some questions answered. A year went by and my emotional status came unwound to the point of collapse and seizures that doctors felt was due to lack of sleep and extreme stress. Finally one evening I was so upset with my frustration with this man not answering my questions that I posted the story on a cheaters website. I have come to regret that decision (this is a year later). My wife and Inreconsiled and decided we wanted to just drop it and move forward. I paid company to remove any postings I had made. These postings have yet to be removed but I've been assured they will be. Regardless, what I said was true, though I spoke openly and clearly aggravated. I don't think I've done anything wrong, but don't want to push the envelope either. I want him and his wife tommibenforwaed and fire and my wife to do the same. I'm afraid I can't get the post removed from this site as they demand a court order. The mans wife agrees and just wants the post gone and for all of us to move on. I fear that if I can't get them removed that they may try to seek harassment or defamation files on me. In short, I want to get these lost removed before they see them and potentially try to come after me. Again, I spoke the truth as it has been told to me, but feel that my wording might be construed as defamation. So now I'm worried about not only harassment from a year ago, but a defamation suit. I'm willing to do what I can to remove the post but don't feel it's fair to do that if I must state I lied. Perhaps some of my statements were exact, but they did define the scenario as I was
Informed and discovered on my on. I don't know the best way to handle this. I know they simply want the post removed, as do I, but I'm not going to lie and say that whatnInsaid was made up because it wasn't.
Customer: replied 3 months ago.
I'm willing Tom pay an attorney to have them removed via a court order, but don't wish to do so if it requires me to say I lied about my information. I've considered calling his wife whom empathizes with my situation and just wants to move on. I fear that if I don't accomplish this that they may try to come back at me with harassment and defamation. It doesn't seem fair that all Imdis was speak the truth and I'm the one that seems to be getting in trouble for it. His lies for twenty years along with my wife have caused me severe mental anguish and pain. I have to take daily medication to control my anxiety. I have to take sleeping pills just to try to get some rest. I just want to get these post taken down and move on with my marriage. I spoke with his wife who umdersrood my situation and wants to move forward as well so I'm short, if Imcan just get these post removed, then the problems go away. Some of the information I discovered was on Facebook and I did reference it as such. I realize that this information is second hand and may not be completely accurate, which Imfeel may open me up to litigation. But as Instated, Imdisnt make up anything. All my information came from investigating and my wife's own account of the situation. He admitted to his wife he did in fact lie to her and did have this affair as Indescribed but denied some of the details.

Thank you for the clarification. Can you narrow down the question you would like me to answer? Thank you.

Customer: replied 3 months ago.
A) does this sound like a civil
Or criminal issue? The man Im speaking of has told me himself he lied for 20 years and "deserves to be crucified". So in effect he has admitted to the core of my post. The thing is, the man that identified himself as a deputy a year ago stated he had copies of emails and that it was harassment. I never threatened anyone, used fouls language or stated anything that was not fact. I sent several because I didn't know if he was even receiving my emails. His wife had told me I could call if I wished to talk about the incident. I told the officer this fact. He said he had a warrant but he would fill out some paperwork and have the warrant revoked. My concern is that now (a year later) they may try to combine my emails and this post on the cheater site to accuse me of stalking, harassment, or defamation (possibly all three). Again, my emails were trying to find out his side of the story and to see if my child may in fact be his.

These can be considered both civil and criminal. The criminal aspect is determined by the prosecutor. They have the power to decide if they want to prosecute.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it.

Thank you for using JA! We appreciate your business.

Customer: replied 3 months ago.
the criminal aspect would be the emails I presume. It is my understanding that a statement of fact is not defamation. As such, the man I am speaking of didn't press charges a year ago for harassment. If these emails were to be used, would this constitute stalking? Or misdemeanor harassment? I wish to be clear because I spoke with this gentleman recently and he offered to pay to have my post on the site taken down.

It is my understanding that a statement of fact is not defamation. That is correct.

The truth is a defense for defamation.

This could constitute harassment. That would be completely within the discretion of law enforcement.

There is also a cybercrimes unit IC3.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. Thank you for using JA! We appreciate your business.

Do you have any additional questions for me?

Customer: replied 3 months ago.
Not really. I have a call in to a local attorney to speak with so that I might be able to get clarification on all of it. To be honest, parts of your answers were confusing in what they were specifically answering. I'm not complaining, I'm just being honest.

What do you need clarification on? It would be my pleasure to continue to assist you.

You asked if truth is a defense to defamation and the answer is YES. If you the alleged defamer is telling the truth it is not considered defamation under the law. Defamation means holding a person in a false light.

As far as criminal matters such as harassment that is a law enforcement decision. They would decide whether to prosecute a person for harassment.

There is also an injunction against harassment that can be filed by the victim in civil court.

Customer: replied 3 months ago.
I suppose my clarification is in the matter of the criminal aspect. The man has no civil case because any comments I made are fact. I had sent emails trying to get answers to some questions to some serious matters (such as is my child
Mine or not). I was told
By his wife when I first found out about the affair that If I needed anything then I could
Contact them. I tried via email and then I get a deputy calling me saying he had a warrant but would drop it if I wouldn't contact them anymore. I haven't contacted them anymore (which I still maintain my contact had no criminal intent. I am a man that's been lied to for 20 years trying
To get some answers about a case of infidelity that happened around the time of my sons birth. That seems legitimate). But I digress. So I haven't contacted them as directed by this deputy (as m not even certain he was). I did recently post my story on a site that encourages telling your story (if it's true, which mine is). So I'm scratching my head thinking where's any criminal aspect to this. I'm not at all worried about defamation. As a Meyer of fact I would even remove my comments, but the site won't let me. I would remove them, not because they are false, but because they are causing all of this. I'm not at all complaining about your service. Its just so confusing to me about all this legal stuff. I was told not to email these people anymore (by an alleged officer) and I haven't (even though I feel I had the right to since his wife told me I could). A year later I post my story (which is true) and I hear its all criminal. And cybercrimesIC3 which I looked into and that seems like an FBI group from a sci-fi movie over a simple case of a guy asking about an affair a man had with his wife. I still don't know where the criminal is. Is it emails that stopped over a year ago? Is it a truthful
Post on a site? That's why Infigured I just needed to go get legal advice. I'm to the point that I want the post to come down myself. Just for some peace. I don't think this site can help me in this matter. But thank you anyway.

Thank you for the additional clarification. If there is really a warrant you would receive more than a phone call. It sounds to me that this was an idle threat. The only issue you would have is contacting the person directly if they filed an action to have the court order you to stop contacting this person. Without a court order there is nothing stopping you from doing anything, including post a true story on the internet. Have you checked to see if you have any criminal charges pending?

Aside from this "deputy calling me saying he had a warrant but would drop it if I wouldn't contact them anymore." have you received anything from law enforcement with regard to this matter?

Customer: replied 3 months ago.
I have received nothing indicating any legal action has taken place at all. I have not received restraining orders or do not call letters. I have not seen any warrants or even been visited by any police officer. I did (about a year ago and prior to this "deputy" calling threatening me with a warrant) receive a voice mail from a man stating he was officer Smith with the Harrisncount sheriffs department and wanted me to call him to address some harassment complaints. I checked the caller ID and found it did not belong to an police officer. In addition the call back number went to a private cell belonging to a man who worked for a chemical plant. I knew the sheriffs department identified themselves as "deputies" not officers. I concluded it was an attempt to scare me. Shortly after the "deputy" called and I did stop all communication. (This was a year ago). I did post my story on a site recently (which has been over a year since the last contact with any of the other people involved). I did this out of frustration, but did keep to the facts. Afterwards Indecided Injustbwanted to put it all behind me and have hired a reputation organization to assist me in removing this post. I didn't do this because any of the information was not true, rather I felt that all of this was just too much and it was time to quit and move on with my life. I felt as though that even if the man that identified himself as a deputy was indeed just that, then Inhad better refrain from any emails. Again, my emails I suppose may have caused this man my wife had an affair to be concerned, but only because I had exposed his actions. I did not feel that what Insidnhad criminal intent. Nor donI feel that my post on the internet site was with criminal intent, rather a means of exposing the truth. It is for all of these reasons I feel that (a) I was told to stop contacting these people (which I did) and (b) my post to the internet site wasn't contacting them, rather my venting the truth about an affair that caused me much anguish. Specifically, the question of was my child actually mine. To conclude, I felt at best this man may try a defamation suit, which I feel he would lose based on the fact that (1) he admitted to me that hew as guilty and deserved to be "crucified". He also offered to pay to help get my post removed since I was in agreement that I just want to put it all behind me and stop the airing out of the "dirty laundry". I feel by him stating this that he himself has admitted that my post was true, thus would look foolish trying sue me. My concern was the criminal aspect. That is to say that since I posted my story, that he may now want to try to use the emails from a year ago to try seek criminal charges. I wanted to see that if at this point he could try to use these emails against me in a criminal fashion. The "deputy" stated he had a warrant , but that this man agreed not to press charges if I would refrain from contacting him in the future. Of which I have done. It was my understanding that if a deputy had a warrant, he would have arrested me. That did it happen and it's been over a year. Am I explaining this properly as to what my concerns and goals are? And if so, is the criminal aspect pretty much a dead issue? Again, it is my understanding that harassment is when a person harasses with criminal intent to harm a person. I do not feel that's the case if Inwas told I could
contact them with any questions and that I was never told to stop contacting them until this"deputy"'threatened me With arrest if I did. These are my concerns for the criminal aspect. It seems odd that a year later the would try to hit me with criminal charges just because he's angry that Inposted the truth about him. I hope this makes sense and Inaporeciate your patience in assisting me.
I suspected that if law enforcement had a warrant or a restraining order you would not be receiving a phone call as that is not how this works. These are idle threats to intimidate you into removing true content from publication. The only possible issue would have been if you continued to email after receiving a court order to stop. This is not the case and you published truthful statements. There is no pending criminal action nor a defamation case against you as you provided the truth. I see nothing aside from a phone by someone alleging to be a law enforcement agent that appears to have been made by someone other then a licensed peace officer. Impersonating a law enforcement official is a crime. I do not see any criminal or civil actions against you as you published the truth. This is a bullying tactic and nothing more. Unless or until you receive a court order there is nothing criminal or civil pending against you. In fact the actions of the other party are the ones in question. I see no case of any merit against you. It is your constitutional right to publish truthful statements. I hope this clarifies any confusion on this matter. Thank you using JA. We appreciate your business.
Attorney2 and 5 other Legal Specialists are ready to help you
Customer: replied 3 months ago.
Thank you.
Thank you for using JA.