What are my rights if I’m being harassed by my fiancé’s ex-girlfriend via text?

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What are my rights if I’m being harassed by my fiancé’s ex-girlfriend via text?

I am being harassed via text message from a burner number. Based on the context, it can be safely assumed it is my fiance’s ex-girlfriend. I’ve researched and it seems uncovering who is behind a burner number is nearly impossible. I have been advised to send her a cease and desist letter. If somehow it is not her messaging me, is there any recourse from her for me having sent a CD? The last thing I need is legal trouble.

Asked on March 18, 2017 under Criminal Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, there is no liability to you for sending her a C&D letter. Where you could face liability is:
1) If you tell others, or post anything online, that she is harassing you when she is not: in that event, you may have committed defamation (by making a factual misrepresentation that could damage her reputation) and could be sued for it.
2) If you go further and try to press charges or sue her without evidence and it turns out you were wrong: there is potential liability for misusing the legal process.
But just sending her directly a letter will not expose you to liability.


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