Ballwin, MO asked in Libel & Slander, Family Law and Civil Rights for Missouri

Q: Whether I should do a cease and desist order first or Sue for Defamation Of Character

I had two ex friends get a restraining order against me in May 2018 but, got dismissed in July 2018. Now, I come to find out from mutual friends that since August 2018 to now that they have been telling lies and rumors about me that are not true to other mutual friends and keeping others from talking to me.

1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Consumer Law Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: I'm not sure what you mean by a "cease and decist order." Unless you are a judge, you cannot issue a court order. Perhaps you meant to ask whether you should send a "letter" first. If so, that's usually a good idea.

Defamation cases in Missouri are generally not worth pursuing unless you are willing to spend thousands of dollars on an attorney and you can prove that you've suffered actual damages as a result the publication of objectively false statements about you. Most people cannot prove actual damages sufficient to justify investing in such a case. Plus, you'd need to collect the judgment.

Paying an attorney a couple of hundred buck to draft a stern letter is an option to consider.

1 user found this answer helpful

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