QUESTION
Can I get a gag order or sue for slander?
Asked on Aug 18th, 2012 on Personal Injury - New York
More details to this question:
Am I able to get a gag order on someone if we attend the same church she does not like me because I am with her ex? I constantly get calls from church member saying she is saying this and that and even family . she even post on fb about me what can I do legally? we've been to court before I was gonna get a protective order against her but once the school found out I had to get it amended when I went to court for that the judge said to stay away from each othe as much as we can but we attend the same church & I am a student where she is a teacher..HELP
13 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Ask you BF what dirt he has on her? Is she a druggie, slut, thief?
Answered on Jul 08th, 2013 at 12:18 AM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Apply in the Superior Court for a restraining order.
Answered on Aug 27th, 2012 at 2:25 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You can report her to the police claiming that she is harassing you. D unenthusiastic everything and keep records.
Answered on Aug 27th, 2012 at 2:25 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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The question for slander is whether she is saying false things about you or not. If she is expressing her opinion about you or your morality, that's not actionable for slander. It has to be factually based. For example, if she claims you broke up the marriage, but you were not even involved with her ex at that point, that would be a false statement and might be actionable. But if she says you are a scoundrel for dating her ex, she has the right to express her opinion, First Amendment freedom of speech. On the other hand, if she engages in a pattern of harassment, then you might be able to get a restraining order, but it sounds like you already tried that.
Answered on Aug 23rd, 2012 at 3:38 PM
Because of the First Amendment to the United States Constitution it is very difficult bordering on impossible to get an injunction that stops speech. Defamation occurs when a person communicates information to another person that is false and is likley to harm your reputation. Has this person made false statements to other people about you?
Answered on Aug 23rd, 2012 at 3:38 PM
You need a protective order. I do not understand why you amended.
Answered on Aug 23rd, 2012 at 3:36 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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There is no basis for a 'gag order'. Slander is very difficult to prove in terms of damages.
Answered on Aug 23rd, 2012 at 3:36 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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To be blunt, you have A LOT going on. Go sit down with an attorney. Good luck.
Answered on Aug 23rd, 2012 at 3:33 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Have no idea what you mean by all this court business if what she says about you is true there is nothing to do. If what she says is not true you may sue her for slander (talk) or libel (writing)
Answered on Aug 23rd, 2012 at 3:33 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, but you will have to get witness statements as to what she said, etc.
Answered on Aug 23rd, 2012 at 3:33 PM
You should consult with a lawyer who handles defamation cases for specific legal advice and direction.
Answered on Aug 23rd, 2012 at 3:33 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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1. NO 2. For slander you have to prove economic damages. If you don't have any, then you have no case
Answered on Aug 23rd, 2012 at 3:33 PM