Legal Question in Technology Law in New Jersey
My husband's ex-wife has been writing a weekly online column for about a year. The articles discuss their marriage, divorce, etc. She has written extremely nasty and false statements about my husband and me (one example is when she called me another name for a 'prostitute'). She writes this column under a pseudonym, but there is no doubt that she is the author. Several photos have been posted and names mentioned that can be linked to her. She has also told her friends about the articles and this fact has been brought to my attention. My biggest concern is that we have 4 children between us and the thought of any of them reading this garbage could be so damaging to them. Not to mention the possibility of their friends or other acquaintances reading it first. We have spoken to my husband's ex-wife about the potential harm she is doing to the kids but she denies everything and keeps writing. What is our best course of action?
3 Answers from Attorneys
Your problem is not uncommon. There are people who are of the mistaken belief that they can freely malign others because of the open forum that the Internet provides. In fact, the originators of such objectionable matter are no more free to publish garbage online than in printed media. Depending on the material, your recourse is probably in a suit for defamation, invasion of privacy, and intentional infliction of emotional distress. If you can make out a case for any of these things, the ISP can be compelled to release the contact information that it has and the author can be identified. Collect all of the material that you can and discuss the matter with a lawyer. /p/ My firm handles matters of this type, however the efficiencies in this matter may be influcenced by your lawyer's location. If I can be of further help to you, call or email. /p/ See also: http://info.corbettlaw.net/lawguru.htm
THINK! What do you do when someone slanders you? You sue for slander! If you share children, you go to the judge handling any child custody or other issues. Perhaps a judge will consider this intentional interference with the children's relationship with their father, and take away her custody, order her to counseling, order her to stop, etc. You really did not need to write this, you know what you need to do, just do it.
You have some options here, and you do not need to put up with it. You could sue for slander, you could go fight in divorce court stating that she is harming the children and should not have custody, you may even be able to file harassment criminal charges or domestic violence charges, all depending on what she wrote, you may be able to go to her internet service provider and try to shut her down. You have options, and you do not have to just accept it.
Give me a call, make an appointment to come see me, and let's get moving on this for you.
Robert Davies, Esq. 201-820-3460
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com
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