I was granted an ex parte harassment order. I had a contested hearing yesterday. I provided documents that the respondent was posting false information online stating that I abused my stepson. I provided this information and the other party objected to it stating that those messages were not sent directly to me when I provided proof that she responded to my comment on a public website. I provided evidence in the form of testimony. The judge dismissed it order after my testimony.my husband was not able to testify or anything. Do I have a basis for appeal. I mean posting harassing information online that I abused a child and posting links to my facebook page to have people harass me. The judge said that people can post what they want on public websites.
You have grounds for a defamation suit, not a harassment suit. If the woman appeared at the hearing get a copy of the transcript. If you have proof that she made the statements, you can sue her for defamation, but you will have show damages. Consult a local defamation attorney and good luck.
Your starting point should be speaking with the attorney who represented you in the matter because she should know the case facts and details as well as anyone. It would be entirely inappropriate to provide you with any sort of blanket 'yes/no' sort of reply to your post here. In the event you chose not to secure an attorney, for whatever reason, I urge you to pay a very well experienced attorney to provide you with formal legal advice tailored to the full facts of your personal situation. Your attorney will want to review all documentation. Generally, nearly all matters in law are subject to some sort of appeal, review, etc. Should you seek an attorney do not delay as nearly all matters in law are subject to rigid deadlines for initiating appropriate legal recourse. Be quite wary of 'free advice'.
Tricia Dwyer Esq.
MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
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