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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My girlfriend and her brother who has severe learning difficulties

Resolved Question:

My girlfriend and her brother who has severe learning difficulties are presently living with me following her fathers death. Her brother(martin) struck up a friendship with one of my female neighbours but we soon became uncomfortable as we didn't know this women's background. When I asked her to keep the friendship on a friends only basis she seemed to ignore our wishes. She came to the door and asked to speak to Martin and I refused. She subsequently phoned the police and social services and accused my girlfriend and I of domestic abuse. She also sent a text to my immediate neighbour stating she had reported us. We got investigated and social services were completely satisfied no abuse was taking place. In fact the police and social services found her behaviour a little odd. Social services visited the neighbour and despite explaining that Martin has the mental capacity of a child she seemed determined to try and continue this relationship. She has since written to her MP about this. I want to know if we have a case for suing her for defamation,slander or libel and if its possible to get an injunction for her to keep away from us.my girlfriends sanity and health is suffering because of this
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How often does she try and contact your partner and her brother in the average week?
Clare
Customer: replied 3 years ago.

We don't give him the opportunity to contact her as we feel that if we allow him to see her she could potentially accuse him of something. also I was told off the record that this women has some past mental issues so Karen (girlfriend) wouldn't entertain putting martin at potential risk.


I have spoken to other advisors and they feel that an injunction isn't possible as she isn't phoning or knocking at the door etc but the original question is would I have a reasonable case for suing for defamation as she has wrongly accused us both of domestic abuse and has texted a third party stating that and whatever she said to her MP subsequently


Tim

Expert:  Clare replied 3 years ago.
Hi
has she actually attempted any contact in the last two months?
Clare
Customer: replied 3 years ago.

Today she asked one of my neighbours of his whereabouts which is none of her business anyway. if the neighbour had divulged this information we feel she would attempt contact by seeking him out

Expert:  Clare replied 3 years ago.
Hi
Unless you have thousands of pounds to spare there is little point in contemplating an action for slander - she will simply say that she was genuinely concerned and reported them appropriately
If she does continue to harass any of you then you should ask the police to serve an harassment warning so that they can can take action and arrest her if she breaches it.
I appreciate that this is not ideal but sadly it is the only option open to you
Please ask if you need further details
Clare
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