Can I press charges and/or file suit against online harassment and libel?

Asked over 1 year ago - Richmond, VA

For the past year and a half, my ex-boyfriend has been doing things to harass, libel and defame, me, my husband and our roommates, who have a band.He started showing up at places because he knew I would be there (restaurants/clubs he had never been to before) and taking photos and videos of me when I wasn't looking. Posted the temporary restraining order he was served with on to facebook and then went on to post publicly on many websites about how I was crazy, and my husband and roommates had drug problems and that we made livings as hackers and prostitutes. He started a website with nude photos of me which I did not sign any release to let him use. I have had police officers tell him to stop contacting me and posting this stuff and have sent a notarized cease and desist letter.

Additional information

I was not able to have my request for a permanent restraining order granted due to the fact that he was stalking me in public places that he knew I would be at and the fact that he lied about doing of some of things at the hearing. I reported the perjury to the commonwealth attorney but he also denied his actions to the detective they sent to intervene. Whenever I try to bring the online harassment screenshots to the police and magistrate, they tell me there is no way to tell it's not someone else posting from his account. I also got a death threat if I didn't stop reporting his actions from a blocked number the same day that I first filed a police report and they told me there is no way to trace it or to prove he had anything to do with it.

Attorney answers (4)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . If he has homeowner's insurance, a lawyer can look into submitting a claim for the nude pictures. I had a client whose ex sent photos to her work from his home computer, and I got the homeowners carrier to cough up 200k

  2. Robert Dean

    Contributor Level 8

    1

    Lawyer agrees

    1

    Answered . You need to speak with a local attorney who can help you remove the website and postings. Plus, the actions that you describe may be criminal and you may want to speak with the local Commonwealth's Attorney. Our firm represents victims of medical malpractice and nursing home neglect - not defamation - but I am a former Lynchburg prosecutor and would be able to refer you to someone who can help. Feel free to contact me at (540) 985-0098.

  3. Mark Raafat Malek

    Contributor Level 14

    1

    Lawyer agrees

    1

    Answered . It seems that if there is a restraining order in place, he may be in violation of it. I would bring that to the attention of the State Attorney's Office almost immediately. As far as a civil action is concerned, the standard for a defamation suit, in short, is that the written words are false, and that they have caused you some sort of damage. You will need to prove that there is damage to your reputation. The big issue here is that even if you win the lawsuit, does your ex have money to cough up for a judgment? Also, these types of suits are not cheap, and they generally do wear down on the plaintiff. You can bet that the defendant's attorney will try to drag your reputation through the mud in an attempt to show that there was no damage to your reputation.

    The answer to this question is for informational purposes only and does not form an attorney-client relationship.
  4. George Costas Andriotis

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with Mr. Lassen's approach and advice.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

Related Topics

Criminal charges for harassment

Harassment describes a variety of repetitive behaviors that threaten, disturb, or upset someone. Harassment includes unwanted sexual advances and stalking.

Criminal charges for stalking

Stalking is the crime of unwanted and obsessive attention by an individual or group toward another person, including the tracking of movements or activities.

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