|
|
Joined: Sep 2014
Posts: 991
Member
|
OP
Member
Joined: Sep 2014
Posts: 991 |
I find it hard that there are lawyers who take these cases.
My c&d was sent via us mail in my regular mailbox which makes me think it's just a scare tactic. She'd need to prove that I posted on those sites (I wrote in the 3rd person).
Me: 38, have been divorced for 4 years
|
|
|
|
|
Joined: Jul 2014
Posts: 863
Member
|
|
Member
Joined: Jul 2014
Posts: 863 |
If it wasn't sent registered it's just a scare tactic.
Remarried 7/16
Thanks MB!
|
|
|
|
|
Joined: Sep 2014
Posts: 991
Member
|
|
OP
Member
Joined: Sep 2014
Posts: 991 |
Yes, I know. I wonder if she lied to the attorney or is she told the truth but was more that willing to write a letter for 300 per hour.
Me: 38, have been divorced for 4 years
|
|
|
|
|
Joined: Sep 2014
Posts: 991
Member
|
|
OP
Member
Joined: Sep 2014
Posts: 991 |
Fear is creeping in a bit...
Me: 38, have been divorced for 4 years
|
|
|
|
|
Joined: Sep 2014
Posts: 991
Member
|
|
OP
Member
Joined: Sep 2014
Posts: 991 |
Oh wonderful, the she's a homewrecker post I submitted a long time ago just went up (I have no idea why I felt the urge to look). Ugh. I want nothing more than to be totally done with this now--with him, with her--everything.
Me: 38, have been divorced for 4 years
|
|
|
|
|
Joined: Jun 2011
Posts: 11,650
Member
|
|
Member
Joined: Jun 2011
Posts: 11,650 |
My thing is still ongoing. Turns out it's an actual defamation lawsuit. But it also turns out I have an umbrella policy that will pay my legal expenses, hopefully for a verrrrrry thorough discovery process. She's going to regret it when all is said and done. I think the fact that it's an actual lawsuit makes your odds better. Lawsuits of this nature are usually expensive and lengthy and it's hard to imagine OW will have the determination required to see it through. She's probably hoping you will settle rather than fight it. Wow, never thought one would be stupid enough to go that far. So you can actually subpoena phone records etc and prove the affair in court then? Invite a journalist along.
What would you do if you were not afraid?
"Fear is the little death. Fear is the mind-killer" Frank Herbert.
|
|
|
|
|
Joined: Jul 2014
Posts: 863
Member
|
|
Member
Joined: Jul 2014
Posts: 863 |
Fear is creeping in a bit... Don't worry. Truth is an absolute defense.
Remarried 7/16
Thanks MB!
|
|
|
|
|
Joined: Sep 2014
Posts: 991
Member
|
|
OP
Member
Joined: Sep 2014
Posts: 991 |
Fear is creeping in a bit... Don't worry. Truth is an absolute defense. I know. I am just tired I think of all of this.
Me: 38, have been divorced for 4 years
|
|
|
|
|
Joined: Jun 2011
Posts: 11,650
Member
|
|
Member
Joined: Jun 2011
Posts: 11,650 |
I find it hard that there are lawyers who take these cases.
My c&d was sent via us mail in my regular mailbox which makes me think it's just a scare tactic. She'd need to prove that I posted on those sites (I wrote in the 3rd person). They are being paid to put a letterhead over a bit of posturing. Easy money.
What would you do if you were not afraid?
"Fear is the little death. Fear is the mind-killer" Frank Herbert.
|
|
|
|
|
Joined: Jul 2014
Posts: 863
Member
|
|
Member
Joined: Jul 2014
Posts: 863 |
Fear is creeping in a bit... Don't worry. Truth is an absolute defense. I know. I am just tired I think of all of this. Me, too!! I'm so emotionally drained. I still have a desire for reconciliation, but I just have no energy.
Remarried 7/16
Thanks MB!
|
|
|
|
|
Joined: Jul 2014
Posts: 863
Member
|
|
Member
Joined: Jul 2014
Posts: 863 |
I find it hard that there are lawyers who take these cases.
My c&d was sent via us mail in my regular mailbox which makes me think it's just a scare tactic. She'd need to prove that I posted on those sites (I wrote in the 3rd person). They are being paid to put a letterhead over a bit of posturing. Easy money. My lawyer is puzzled at OW's lawyer in my case. First, my lawyer says he NEVER takes libel lawsuits, because they "always lose." Then, the OW's lawyer is not even denying the truthfulness of my statements. So by definition, it's not libel. Even in my case it appears to be merely a scare tactic. I guess OW has money to burn.
Remarried 7/16
Thanks MB!
|
|
|
|
|
Joined: Sep 2014
Posts: 991
Member
|
|
OP
Member
Joined: Sep 2014
Posts: 991 |
The letter I got also threatened criminal penalties under California's cyber-stalking law. I am not sure if I should be worried about that. I guess I took the internet exposure a tad far.
Me: 38, have been divorced for 4 years
|
|
|
|
|
Joined: Sep 2014
Posts: 991
Member
|
|
OP
Member
Joined: Sep 2014
Posts: 991 |
Fear is creeping in a bit... Don't worry. Truth is an absolute defense. I know. I am just tired I think of all of this. Me, too!! I'm so emotionally drained. I still have a desire for reconciliation, but I just have no energy. Wow! You have more fortitude than I do! I cannot even stand the thought of getting back together with WH. I am SO MAD he gave my address to her. So mad. OUR CHILD lives here. Knowing the OW in my case, she likely told everyone that the affair was false. When I tried to reconcile with WH back in July, I snooped through his phone and she was VERY sensitive to people knowing, although many people they worked with knew. I think I came to the conclusion about two weeks ago that I wanted to be in a total and utter Plan B, which is why I decided to post contact on here, etc. Seeing the "she's a homewrecker" thing that I submitted probably at the beginning of January just made me cringe. I just don't want to deal with this anymore. These two crazies can have each other.
Me: 38, have been divorced for 4 years
|
|
|
|
|
Joined: Jun 2011
Posts: 11,650
Member
|
|
Member
Joined: Jun 2011
Posts: 11,650 |
Why do you say that? Because the crazy cheater lawyer says so?
Relax.
What would you do if you were not afraid?
"Fear is the little death. Fear is the mind-killer" Frank Herbert.
|
|
|
|
|
Joined: Sep 2014
Posts: 991
Member
|
|
OP
Member
Joined: Sep 2014
Posts: 991 |
Why do you say that? Because the crazy cheater lawyer says so?
Relax. I know. I don't know why she would sue me. It would be cheaper to get the posts taken down like she has been doing. Mostly, I am tired and want to move on.
Me: 38, have been divorced for 4 years
|
|
|
|
|
Joined: Jul 2014
Posts: 863
Member
|
|
Member
Joined: Jul 2014
Posts: 863 |
The letter I got also threatened criminal penalties under California's cyber-stalking law. I am not sure if I should be worried about that. I guess I took the internet exposure a tad far. No. No need to worry. In short, the prosecutor must prove that you
maliciously or willfully harassed another person, and
made a credible threat against that person,
placing that individual in reasonable fear for his/her safety or the safety of his/her family,
which was communicated by means of the Internet or another "electronic communication device". Did you threaten the OW? No. So no cyberstalking.
Remarried 7/16
Thanks MB!
|
|
|
|
|
Joined: Jun 2011
Posts: 11,650
Member
|
|
Member
Joined: Jun 2011
Posts: 11,650 |
To drag you back in and drag you back down.
Friends of mine recently had to write to a law firm and tell them to stop their (totally made up) demands for money (their client had sold my friends a house for a price which forgot to account for some fixtures).
They said no, the letters kept coming, they said 'stop the harassment' - which worked like magic words - but it shows even highly qualified lawyers are willing to risk a bit of harassment.
All you have to do is say you have no need to further concern yourself with ms skankos actions and you are sorry she has hurt her reputation, but it has nothing to do with you.
Any further communications of unfounded legal threats will be considered harrassment.
That should do it.
Last edited by indiegirl; 02/18/15 09:18 AM.
What would you do if you were not afraid?
"Fear is the little death. Fear is the mind-killer" Frank Herbert.
|
|
|
|
|
Joined: Sep 2014
Posts: 991
Member
|
|
OP
Member
Joined: Sep 2014
Posts: 991 |
You can also be used for the public disclosure of private facts, although I am not. 100% sure what that entails, but there seems to be a high bar for that as well.
Last edited by PigletWiglet; 02/18/15 09:26 AM.
Me: 38, have been divorced for 4 years
|
|
|
|
|
Joined: Jun 2011
Posts: 11,650
Member
|
|
Member
Joined: Jun 2011
Posts: 11,650 |
It can't overrule the basic freedom of speech rights.
Even here in the UK where the right to speak is more circumspect, if you have proof you can expose wrongdoing. In the US it's the other party who has to prove innocence.
From what I can make out of the law it's to prevent partners and spouses using naked pictures online in a domestic violence context. Stuff that is clearly private.
I don't think theres a law that could conclude her intrusion into your marriage as her own private domestic sphere.
What would you do if you were not afraid?
"Fear is the little death. Fear is the mind-killer" Frank Herbert.
|
|
|
|
|
Joined: Sep 2014
Posts: 991
Member
|
|
OP
Member
Joined: Sep 2014
Posts: 991 |
I agree. And some of that stuff, I can't even take down, I don't think. Well, I guess I will see if she presses charges and files a lawsuit.
Me: 38, have been divorced for 4 years
|
|
|
Moderated by Ariel, BerlinMB, Denali, Fordude, IrishGreen, MBeliever, MBsurvivor, MBSync, McLovin, Mizar, PhoenixMB, Toujours
|
1 members (1 invisible),
683
guests, and
50
robots. |
|
Key:
Admin,
Global Mod,
Mod
|
|
|
|
