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  1. #1

    Default Defamation Lawsuit vs. Seeking a Restraining Order

    My question involves defamation in the state of: Florida.

    I read your caveat on why it is not a good idea to file a defamation action.

    I have such a situation where the negative publicity generated by a defamation lawsuit would be worse that the already significant damage I have suffered to my ability to earn a living. I rely on word-of-mouth advertising, and as a result of these libelous attacks, many of my former clients and prospective clients are not contracting with me, citing "personal reasons."

    Along with the tangible damages to my reputation, livelihood, and loss of my First Amendment rights, comes the mental anguish that I suffer as a result of it.

    However, what are the alternatives?

    In the face of inaction, this person will have no cause to stop in his public attacks against me. The only other legal recourse I can envision right now is to file a Restraining Order against him to prevent him from causing me any more harm. Formal requests from me to stop these attacks have fallen on deaf ears, and appeals to his "better nature" are just as useless.

    I have no desire for any "revenge" or to engage in any retaliatory action as a way to vent my anger, but I am willing to take whatever legal steps are necessary to end this harassment. Because this public harassment has included specific ethnic slurs as well -- I am wondering if it pushes beyond the envelope of "defamation" and into the realm of a Hate Crime.

    Your thoughts would be greatly appreciated

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    74,906

    Default Re: Defamation Lawsuit vs. Issuing a Restraining Order

    A court should not enter a restraining order against allegedly defamatory speech;if appropriate and requested, that would come after you win your defamation case.

  3. #3
    Join Date
    Jul 2009
    Posts
    249

    Default Re: Defamation Lawsuit vs. Issuing a Restraining Order

    He's also alleging ongoing harassment though. In any event, an ongoing campaign of defamation can plausibly constitute harassment, at least if the defamation takes place in the presence of the defamed person. Harassment can be grounds for a restraining order in some states.

  4. #4

    Default Re: Defamation Lawsuit vs. Issuing a Restraining Order

    it is in texas

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: Defamation Lawsuit vs. Issuing a Restraining Order

    In a civil case, by virtue of the First Amendment, that's quite unlikely. If you haven't proved that allegations are defamatory, a court order preventing them from being voiced would constitute a prior restraint. If you have legal authorities to back up those claims, I would love to hear them.

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