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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9605
Experience:  I have been practising for 30 years.
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My sons ex girlfriend who he has 2 kids with, is putting

Resolved Question:

My sons ex girlfriend who he has 2 kids with, is putting inappropriate pictures of me and my daughter on Facebook, she is also saying when he brings the kids back they are full of bruises and cuts which my family are harming them, this is on social media, what can I do to protect myself from all these lies
Submitted: 13 days ago.
Category: Law
Expert:  F E Smith replied 13 days ago.

Hello - in what way are the pictures inappropriate?

Customer: replied 13 days ago.
It was photos of me and my daughter when we where at our biggest weight, her and her family where saying things about the way we look, it really upset my daughter, who cares about the way she looks
Customer: replied 13 days ago.
Am also concerned about the things she's saying about me harming my grandchildren when they are with me
Expert:  F E Smith replied 13 days ago.

Thank you. Have you actually asked her to take these posts down?

Have you asked Facebook to take them down?

Why is she doing this?

Have you been to the police?

Customer: replied 13 days ago.
I have done all this, police have said there is nothing they can do it's a civil matter
Expert:  F E Smith replied 13 days ago.

You need to go back to the police. You need to speak to a senior officer and if necessary make a formal complaint to the chief constable about the police refusal to deal with this. I will tell you the basis on which the police should deal with it.

It is a civil matter but it’s also a criminal matter because the culprit is in breach of the provisions of the Protection from Harassment Act. You need to ask the police to warn her under the act but if these are not removed and if the action continues, she will be prosecuted for harassment.

Harassment is defined as a course of action (at least twice) which harasses, is intended to harass, the person doing it is reckless as to whether it harasses or the average man in the street looking on would think that it amounted to harassment.

Hence, if there is more than one post, it’s harassment. She is clearly doing this to harass you.

Whilst you do have a potential claim the defamation, and the solicitors letter may do the trick without the need to rush off to court, defamation claims are risky lengthy and potentially costly and you could be looking on the thick end of £10,000 of legal costs at least. She may respond to the threat of legal proceedings without having to issue them.

Your potential civil claims are in harassment (both a criminal and civil matter) for an injunction to cease and desist and to remove the posts and to apologise and also for defamation.

.Can I clarify anything else for you?

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Best wishes.

FES.

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