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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27740
Experience:  Active member of the NYS bar since 1989
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Recently I was granted a restraining order against a woman

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Recently I was granted a restraining order against a woman who was my boyfriends exGF. She threatened to use her gun on me. A protective person also named was my daughter for fear that she would retaliate. She made a public post last nite on her FB page saying a lot of nasty and untrue statements about me. She also posted a picture of a part of the restraining order where my daughters name, age, and reason why I sought protection for her appear. This is a public post and anyone can see it. Can she legally do this? Do I have any recourse?

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Customer: replied 2 months ago.
Thank u!!

This sort of activity is typically considered electronic/aggravated harassment.

As you have an order against her, you can enforce it. Call the police and tell them that she's using social media to further harass you and your daughter and to rally support so that others can harass you as well.

Customer: replied 2 months ago.
I did call the police. They came last night and said the RO doesn't state directly social media harassment. They did not consider this to be "harassment" i.e. direct contact. What can I do?

Sometimes when the police don't agree with your way of looking at things, you can go over their heads directly to the prosecutor's office and report the crime to them. YOu may be able to convince them that this is indeed cyber bullying/aggravated harassment, and if it not in violation of the order that it is a whole new offense, with which the person should be charged.

If the prosecutor agrees with the police, then you're not going to be able to utilize the criminal justice system to resolve the problem. You could go to a local lawyer and hire him to send a cease and desist letter. That's a letter which lays out the recipient's objectionable conduct and tells them that if they don't take the post down and cease from such harassment, you will take legal action against her.

You could do something like this for yourself, but it has more teeth in it when it arrives registered or certified mail on legal stationery. The person will kow that you bothered to consult a lawyer, and most reasonable people getting such a letter will comply with it sooner than be sued.

You don't have to hire the lawyer for more than just to write and mail the letter, so the cost will be very reasonable. If it doesn't work, they you could sue her for the harassment, defamation of character and the invasion of your privacy.

You can also contact Facebook and report the post and ask for it to be taken down.

Customer: replied 2 months ago.
Thank u so much for your quick response!!
Customer: replied 2 months ago.
How do I contact a prosecutor?

What state and county are you in?

Customer: replied 2 months ago.
Los Angeles county

You'd go to the Los Angeles DA's Office and ask to speak to an assistant prosecutor.

District Attorney's Office
211 West Temple Street
Suite 1200
Los Angeles, CA 90012

Zoey, JD and 5 other Legal Specialists are ready to help you
Customer: replied 2 months ago.
Thanks!!

You're very welcome! Good luck.