Is it a threat to say, “If I can’t talk to her, I’m telling everyone that she cheated on me” if it’s true?

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Is it a threat to say, “If I can’t talk to her, I’m telling everyone that she cheated on me” if it’s true?

Been dating a girl a long time. She cheated on me. And I just wanted to talk to her. But her parents cut contact, against her will. I sent a text to her, knowing her parents would read it. They’re more worried about her reputation than her.. so I figured it strike a chord. Apparently it did, since they are putting a restraining order on me (she’s a minor, so she has no say). Is what I said a threat? And how serious is it?

Asked on April 7, 2011 under Personal Injury, Maine

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What are they putting a restraining order out on you for? For telling everyone she cheated on you? Restraining orders, whether temporary or permanent, are difficult to get and judges take them quite seriously, especially if they concern a relationship wherein the petitioner is a minor. Here is the issue. If she is a minor and you are not, this might be a precursor to a charge of statutory rape. Further, if she cheated on you, the act of telling is not defamation but the concern for her safety is the issue. If her parents cut off all contact and you still attempt to communicate with her, they have a right to ask for a restraining order. Whether or not it will be successful will be dependant upon all the circumstances relevant to the case, which include but are not limited to the length of your relationship, whether you are over 18, whether she is between 13 and 16 or older, whether other threats or unwelcome contact has been in play and of course this issue of cheating.  Consider talking to a lawyer if you obtained a notice of restraining order case.


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