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Can I sue my ex boyfriend for slandering/libeled , invasion of privacy and defamation ?

New York, NY |

My ex boyfriend has been harassing me. I called the cops but they couldn't do anything because it wasn't harassing enough. Now he's been spreading lies accusing me of drug dealing. He also shared a personal information about me which I told him not to tell anyone. He's been contacting my friends and sending them private pictures of me which were taken without my consent.

Attorney Answers 4

Posted

How were the pictures taken without your consent? Did he have a camera hidden? Or were they taken while you were asleep? If those were the cases then you could have a suit for those pictures. Same with the defamation claims though, you can only recover from him what he has. Unless he has assets and bank accounts with cash this may not be worth pursuing from your end. A case like this would typically only be taken on an hourly basis and would require a retainer of between $5,000 to $10,000. Try to gather as much proof of what he is doing from your friends and contact an attorney if you think you want to pursue it. Best of luck.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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Asker

Posted

I was asleep and some picture we cannot see my face. But it is still my body in the picture. I never knew he took these pictures. All my friends saved his text messages he sent them. I have plenty of proofs. But what about the invasion of privacy ? I actually have an appointment with an attorney this Friday.

Brian C. Pascale

Brian C. Pascale

Posted

Excellent. Make sure he handles case like this and is not a general practice attorney. The pictures where you were asleep would be an invasion of privacy. Fortunately your face cannot be seen in some. He needs a cease an desist letter at the very least. How is the attorney charging you? Hourly, Flat Fee, or Contingency? You can always contact any of the attorneys who respond to the post as well.

Asker

Posted

We haven't talked about the fees yet. We will discuss it Friday. Thank you again !

Posted

You can sue him for defemation and maybe a civil rights violation but does he have signficant assets to collect a judgment from? Given that he won't have insurance to cover this, I doubt a lawyer will take the case on contigency so you would have to pay a lawyer by the hour.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

It sounds like you may have a valid claim. Contact a local attorney to move forward. Whether the lawyer will take the case on a contingency fee basis will be something to be discussed at that meeting and depends upon a number of factors.

No information provided in response to these questions can be relied upon in any way without further personally consulting with Attorney Kerrigan and Attorney Kerrigan consulting personally with you regarding your specific legal situation.

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Posted

You can certainly have a local lawyer investigate. Avvo has a terrific "find a lawyer" tool to find a lawyer close to your home.

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