My Ex-Spouse is Posting My Personal Information Online
My location: DFW, Texas
My questions: What are my legal recourses against the new writer? How do I have this new blogs (3 in English with other languages in the offering) taken down?
My situation: About a year ago, my spouse, on filing for annulment of our 16-years marriage, began posting photos, documents, text messages and emails documenting our "fraudulent" marriage and the process by which spouse had stumbled into it. My attorney and I were able to file a motion for the court to have the site taken off line just this past October, along with an injunction forbidding spouse from saying, writing and posting anything else relating to me and/or the case. The original site and posts are off line, however, the site's original content that spouse had posted (along with some new writing that were written and scheduled to be published in November, December and the months to follow in 2014) have been duplicated and mirrored on various blogs that have been set up under another writer's name. This writer claims he has no relationship with spouse, does not know spouse, and is only reposting these articles and supporting evidences (with no intention of usurping the copyright) as a favor to spouse's 8K+ followers/readers. I have tried threatening said author with defamation suit but have been advised by my attorney that we have a losing battle as what spouse had posted are not falsehoods or rumors. Am upset because the last 16 years of my life is exposed online for everyone to search, read, and comment on. And with the fraudulent and criminal accusations spouse had made, I am fearful for my current job and any other sideline gigs I may qualify for.
Re: Legal Action Against New Writer Who Resurrected Content of Court-Ordered Offline
You have a lawyer who appears to have given you the correct advice. What you have is not actionable in court, and the court order is only enforceable against your wife. Even if it was shown your wife aided and abetted whoever is running this site, the court can only take action against her.
Perhaps the only real avenue is copyright. If any of this information is owned by a you (or a person sympathetic to you), the owner can assert a DMCA complaint to whatever is hosting the information which may result in a rapid takedown so the site doesn't incur further liability.
Re: Legal Action Against New Writer Who Resurrected Content of Court-Ordered Offline
Thank you, FlyingRon, for your timely and helpful response.