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My ex broke into my apartment took my phone and keys...he…

Hello...my ex broke into...

Hello...my ex broke into my apartment took my phone and keys...he was able to access my Facebook account as well as my e-mail accounts...he has been sending rice nasty messages to people and having people calling via facebook.I shut the account down but what legal action can I take

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Missouri

Lawyer's Assistant: What steps have you taken so far?

Police were called but I have to wait until Monday to get an order of protection also I shut down my Facebook page

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Other than this is my apartment his name isn't on anything ...

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Answered in 5 minutes by:
3/18/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,416
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
Okay

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Customer reply replied 4 months ago
Alrighty

I'm sorry to hear about that. There seems to be a host of issues here that you have to deal with.

1. It looks like he engaged in civil and criminal actions.

2. As far as the criminal actions, it appears as if he engaged in trespass and breaking and entering.

3. The civil actions are also similar.

This appears to be a trespass to land. Trespass to land occurs when someone enters onto the land of another. They do not have to intend to enter onto the land, they just have to be on the land of another without authorization. A person is not a trespasser if they were invited onto the land (e.g. houseguest) or if they are contractually obligated to be on the land (e.g. an employee at the corporate office). Otherwise, it’s a trespass. A trespass can even occur if a defendant causes someone or something to enter onto the land as well. The usual measure of damages are either nominal damages (one dollar) if there is no actual harm done to the land or actual damages if there is harm done (e.g. if the ground has been demolished by a vehicle on the land).

Intentional Infliction of Emotional Distress Occurs means that if someone is intentionally causing severe emotional distress in another, then you may be able to recover for any physical damage that occurred because of the distress or simply for the distress alone. A way to measure it is to look at things like therapist bills, lost wages, medications, and just the general pain and suffering from the IIED.. A prima facie case requires: (1) outrageous conduct by the defendant, (2) intention to cause or reckless disregard of the probability of causing emotional distress, (3) severe emotional suffering and (4) actual and proximate causation of the emotional distress.

This to me sounds like a case of defamation. Defamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.)

Although I don't know the full extent of what was the supposed defamatory statement, run the alleged statements through that analysis to see if it fits.

You may want to consider just writing a formal demand letter advising him that he must either recant the statements or face action in civil court. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. How else can I help you today?

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Customer reply replied 4 months ago
Wow....that is a lot to process. However should I even try to contact him I thought it would be best to have no contact at this point

I understand. You may need to contact a lawyer in your area to process this information with you as well. Becuase there is so much going on and there is so much at risk and if you are concerned about contacting them, then try to get some local help.

If you feel like ignoring them is the smart thing to do, then you should do that as well. If they decide to up the threats against you, then take this stuff out of your back pocket and use it to your advantage.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
For now that's it. Thank you for your help and for your concern.Enjoy the rest of your day.I will be contacting a lawyer in my area

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Customer reply replied 4 months ago
Of course...

You're too kind, thank you!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,416
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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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