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How can I sue for defamation of character in the state of FL?
Anonymous5 views4 answers
A man and wife couple have been methodically harassing me and my boyfriend. They turned his website into a porn site. They called a hotline at his job, lied maliciously, and had him fired from work, his only source of income. They bought my name - domain name - and are now using it to slander me directly and to redirect to porn sites. How can I stop this? This is assault on a different level and they should not be able to get away with it. It can hurt my chances at future job opportunities. Can I only sue in a civil suit?
A defamation suit can be filed like any other lawsuit: By preparing a complaint and filing the document with the clerk of the court. Whether that's your best option is something that an attorney should help you decide. Defamation claims require that you prove the defendant made false statements of fact about you to third parties, which caused you damages. The lies to your boyfriend's employer may qualify for him, depending on exactly what was said. Expressing one's opinion is not enough for a defamation claim. Even if you have the legal basis for filing a defamation lawsuit, that's not always the best solution to this kind of problem. You will make the defamatory statements very public by filing a lawsuit, and that could cause more damage. Purchasing a domain name that incorporates your name may constitute trademark infringement, depending on numerous factors. It could also constitute bad faith registration of the domain, in violation of ICANN registration agreements. Consulting with a lawyer is the first step. Then you can map out a strategy to stop the harassment, and begin to repair your reputation.
The elements for a prima facie case for defamation in FL are:
(i) a statement of fact
(ii) a defamatory effect from the statement
(iii) identification of plaintiff as the subject matter
(iv) publication to a third party
(v) compensable damages to the plaintiff
(vi) falsity of the statement
(vii) requisite fault by the defendant
You need to be advised by a licensed FLA civil litigation attorney. You are not giving enough information to answer the question. There may also be criminal law violations here as well. You need to act quickly because there may be time limitations on your ability to enforce your rights.
I'm sorry that this happened to you. You may have grounds for a defamation case.
I would recommend that you speak directly with an attorney in Florida to better determine how to proceed. Many attorneys including myself offer a free consultation. You don't want to wait too long because the internet can get complicated when it comes to get things removed.
Good luck!
Kendra Stephen | Supra Legal Group | Tel: 954-900-9709 Ext 701
