My husband cheated with a younger woman. The affair was ongoing for 8 months. I got suspicious & looked up his cellphone calls online & saw a number he called & received calls from all day & night. I called the woman & confronted her about the nature of their relationship. She flat out told me they were sleeping together, which he at first denied. Then she started telling many details of the affair, so I knew she wasn't lying. He admitted to the affair, & even said he was in love with her, but wouldn't leave me because of our 2 children. Anyway, from that day on, she calls me restricted/private number at any given time, & boasts about my husband performing oral on her & vice versa, how he's in love with her, continuing to see her, etc. She calls me nasty names, & calls constantly at
2 3 & 4 in the morning! She has called & let me listen to them together sexually several times!!!!!! Sometimes she calls & doesn't say anything. She has even gone as far as calling my mother & telling her about how she has taken my husbands heart! What can I do about this?! In the beginning I did call her a few times, because I just had to know all of the details. I also texted her asking questions, but I never got nasty with her. I did say bad things about her in text messages to my husbands phone, & while they were out together she was looking thru his phone & FORWARDED the messages to her phone! Yes, he allowed her to, she repeated EVERY word back to me that I had said. When I threatened to press charges for slander & harassment, she said she had saved those messages, & would press charges too!! & that I had called and texted her first, which is technically true. What can I do?!
I don't think you have a case for slander, but her constantly calling you, especially in the middle of the night, is harassment. You should report her to the police next time she does it and see about getting a restraining order. You may also want to consider getting a divorce.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
Criminal Defense Attorney
My colleague is correct that there is no case for defamation. She is not untruly smearing your name to others. She is saying mean stuff directly to you; which is not defamation (slander). I am also not sure there are grounds for an injunction, without actual fear of harm from her. Do you reasonably believe she will harm you?
However, I think there might be a case for stalking here. What you should do is not respond or feed the flames in any way. Do not text or call her. Keep a log of the times she calls and texts and keep copies of the texts, and phone records to doc the calls. If you can show enough of a pattern you may be able to get a cop to make an arrest. Most police officers are iffy on cyber-stalking stuff; so you may have to go to the next level and take it to your local State Attorney's Office and file a citizens complaint. Spell it out clearly and logically and provide copies of your supporting documentation and you may be able to get a prosecutor to issue a warrant or notice to appear, to start a prosecution.
However, I also agree with my colleague... Why aren't you getting a divorce? This is ridiculous. Divorce the guy and get a new phone and phone number and don't provide it to him/her. That should solve your issue. Please see a family law attorney in Coral Springs area. You need one. I am sorry for your situation.