Help any legal beagles out there or anyone with similar experience

[Tenalady]

I have a very old friend from my childhood who's wife is saying that we are having an affair. Cant go into too much detail but it isnt true. She is now posting to everyone on FB with the same surname, which a lot is my family and I wondered if there is a way of legally stopping her from causing so much damage. My DH will go into a coma if this doesnt stop soon he is so sensitive.

OK: I have the domestic violence accreditation of my advanced family law panel accreditation, so though I may not be 100% correct, I do know what I'm talking about.

It could possibly be considered harassment, and therefore actionable under the Protection from Harassment Act (civil or criminal) but I agree that the police aren't going to touch it. Never. In a million years.

For it to be considered harassment then a warning letter needs to be sent explaining the effect of the wrongful accusations upon you. If the accusations continue to be made, the a civil claim could be made. However this does sound more like libel and so a court might think that a libel action would be more appropriate, and we all know how expensive that can be.

Legal aid is still available for injunctions. There is a strict means test though.

Thanks DandyLioness. That is EXACTLY what I said four posts in and got flamed for it

You can get legal aid for defamation in Scotland, albeit in very limited circumstances.

Blimey. You've got everything in Scotland. Legal Aid for defamation, free education! Can I live with you K999

You mean England and Wales??

Oh, and don't forget free prescriptions!

Collaborate Legal Aid is not available for defamation injunctions however which this case seems to fall under.

Have blocked her and now she has contacted the family on FB and even the ex wife and has had a telephone conversation with her. Going down hill fast >>>>

A1980 - if the conduct actually constitutes Harassment then it will also fall under the Protection From Harrassment Act as well, and LA is available for that. Conduct can be actionable under different laws. Under a defamation action the injunction is almost ancillary to the main relief, which is the declaration that the claim made is false, and an award of damages. Under the PFHA the injunction order is the main relief sought.

Can you stop posting about the legalities of this thread and give the OP some practical advice to help her?

I think you need to seek legal advice ASAP. www.lawsociety.org.uk/choosingandusing/findasolicitor.law the law society have lists of solicitors and their specialities so it's worth your while doing a search to find one near you. I think that you need to send her a letter advising her that her behaviour is tantamount to libel and that you will be seeking legal advice if she continues.
As I said above, there's no harm in contacting Facebook. They can suspend an account in cases like this.
Your family will all know that these accusations are untrue.

"Can you stop posting about the legalities of this thread and give the OP some practical advice to help her?"

er, this is in legal matters, and the posts have been to answer the initial question, whether or not the posters have agreed with oneanother.

Most of the posts have been arguingdiscussing whether the OP should go to the police or not.

funny place legal matters

often a good place to go to watch an ego get right out of control

Not my field at all, but highly unlikely the police would be interested, imo.

Often a solicitor's letter threatening an injunction will do the trick in this sort of dispute ime.

My Dad was being harassed once (lady over the road writing to him and pretending they were in a relationship - all very odd). After about a year of ignoring her he told the police and they sent the local officer round to tell her to back off (which she did).

ShimmeringPixie. That is a fantastic example of policing in the community. Having said that I still maintain that this particular matter is not a criminal offence

A ticking off (ie. quick visit) by the police might help. In fact, it's not that unheard of anymore, especially with regards to Facebook rubbish. I personally know of a couple of people who have a) had police around about something written on their Facebook page and b) had the police go to someone about what they had written on their Facebook page.

Hope you get it sorted OP. Sounds like a nightmare.

gosh, handbags at dawn by the looks of it

Well, for what its worth, I do agree with some of what Leo said. It is illegal and would normally be actionable under civil law. No possibility of legal aid. As others have suggested, a well worded letter by a solicitor in the first instance would be a good course of action in my very humble opinion.

However, although I do hate to disagree with my learned friends (you know who you are) I do think that POTENTIALLY this could become a police matter if it continues and a warning does not have the desired effect.
Yes, the police do not normally like to get involved but the OP does potentially have the option of making a claim as Collaborate has said under the Protection From Harrassment Act. There would need to be a bit more evidence than there is at this time and I would recommend that the OP keeps a diary of any incidents etc.

But what do I know, I'm just a mere lawyer and was once a police officer for my sins so clearly my comments are worthless.

Leo good luck with your studies, DC1 is hopefully going to read law in September assuming he gets AAA in August

mumoverseas..thankyou very much I am enjoying it tremendously..especially as we have a law clinic (practicing). I hope your DC gets his results and enjoys reading law.
Im surprised they haven't raised the tariffs this year after a*'s being introduced last year though.

mummyoverseas. Do there have to be two clear instances of harassment for this to potentially be actionable by the police?