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Are you an attorney? Alabama. I have em exe who is defaming…

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I have em exe who is defaming my character on Facebook. This is very serious in nature.

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
12/8/2017
Lawyer: Loren, Attorney replied 4 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,305
Experience: 30 years experience representing clients.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Lawyer: Loren, Attorney replied 4 months ago

Is she knowingly making false statements of fact and causing actual damage to your reputation?

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Customer reply replied 4 months ago
she is posting pictures to Facebook making it look like I abused her, which I did not. She's also throwing around my employers name... we have been broken up for months... she has a heavy drinking problem and is on a bender, I can tell because she posted the remarks at odd
Hours of the night, she Texted my mom late last night and she called me at 2a... she just called me
Again and it's obvious she is drunk. I hung up on her.
Lawyer: Loren, Attorney replied 4 months ago

You may have a claim to assert for defamation. Actually, you would start with a cease and desist letter to anyone making these false accusations.

If this does not get a retraction, you will need to file suit for defamation. This cause of action is specifically for damage caused to one's reputation. To establish a prima facie case of defamation, four elements are generally required:

1. a false statement purporting to be fact concerning another person or entity;

2. publication or communication of that statement to a third person;

3. fault on the part of the person making the statement amounting to intent or at least negligence (the person knew the statements were false or exhibited a knowing and reckless disregard of the truth or falsity of the statements when making them); and,

4. some harm caused to the person or entity who is the subject of the statement.

This involves complex litigation and it is strongly advised that you retain local counsel to assist you in protecting your rights before taking any action in court for this matter. Also, any cease and desist letter will carry more impact on attorney letterhead.

If you want to send your own cease adn desist letter, here is a link to a template you can modify for your own situation:

CEASE AND DESIST

If you need assistance in finding an attorney, contact your state or local bar association. You can also try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database of attorneys searchable by location and specialty.

You should also report the harassment to the local police and see if you can file for a restraining order to stop her from contacting you.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Lawyer: Loren, Attorney replied 4 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 4 months ago
I'm trying to call you but fraud alert has stopped the transaction because it looks odd. I do however have additional questions:Is my best defense to state self defense, or is it to just deny the allegations. She has no proof I did anything to her. She has pictures but the fact of the matter I did nothing more than defend myself
From her drunk and beligerant tirades. I stuck with
Her until
She began verbally abusing my kids and eventually hit my son and broke his glasses...
Lawyer: Loren, Attorney replied 4 months ago

Deny all allegations and start with a police report and a cease and desist letter from an attorney.

Do not let her continue to harass you and your family.

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Customer reply replied 4 months ago
What do I say in the police report? And do you think that will spurn her to file a charge in retaliation?
Lawyer: Loren, Attorney replied 4 months ago
State she is harassing you with unwanted phone calls and social media posts, despite a demand she cease and desist.
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Lawyer: Loren, Attorney replied 4 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Loren
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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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