[CA] What legal recourse do I have if someone is threatening to slander my business?
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This is a form of extortion. It's extortion if he threatens to hurt your reputation in exchange for something else.
It's a federal crime (18 U.S. Code Section 875). In these cases, I almost always recommend that anyone being extorted contact the local police department and explain what happened. This may be difficult because it means the victim may have to admit to some things they don’t want to discuss publicly, but people who commit these crimes will often stop at nothing to get whatever they want in exchange for the victim’s silence.
You may want to consider just writing a cease and desist letter that specifically focuses on extortion.
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I’m so happy Legal Eagle is helping you with this! Do you have any follow-up legal questions or can we help with anything else (taxes, wills, custody, etc.)? It’s included!
Yes, I have a follow-up legal question.
I’ll see if Legal Eagle is available to help. Before I go, are there any other details you’d like me to pass on?
Yes, my husband, who I am about to serve with a divorce that includes an MSA, is also making threats to slander my business and me. I have the threat in an email. I will share, so I just want to know what kind of legal recourse I have for this kind of threat / harassment?
Thanks so much for requesting me! I'm so sorry. The system is not letting us see old questions and you stay anonymous. What is he threatening to say?
Hello again! We talked about my dog and the MSA--I haven’t filed yet, but my husband is threatening to put out some slanderous words about me on Yelp. I’m a business owner (biblical counselor), and he’s saying if I don’t give him the doctor’s information who provided the reconciliation plan (from Nov. 2023), he will go public.
Here is his text:
“One other thing as to the [reconciliation] plan—I have asked you time and time again for resource that put you up to that... perhaps I should put a note on yelp about the facts what do you think?... Please give me their info so I can [contact] them and give them my side of the story.”
The reason I won’t give his name is because the guy works with narcs. That’s what my husband is. Giving him that information is not advised, but he’s seeking to blackmail me to get it.
I'm so sorry about that! Can you help me understand why the guy working in narcs makes a difference here?
Well the doctor who works with narcs is the one that provided me the 8-step plan that I gave my husband in Nov. 2023 if he wanted to rebuild trust with me. Because I know A LOT about narcs, you never call out that they are narcs. You will get shame and abuse and hatred. So I don’t want to tell him where I got this information from, but he continues to ask because he wants to clear his name with this doctor. All narcs care about is their pristine reputation.
And because I won’t supply it, he is now threatening me / blackmailing me because he knows I care about my business.
I'm so sorry about that! Which one do you think will have more impact? A negative yelp review or revealing this information?
Certainly the yelp review will hurt worse. But he is going to hold over my head if I acquiesce and give in and provide the information — he will just hold it over my head for something else he wants. So I don't have any legal recourse for his blackmail / threats?
Understood! Then it may be time to play hardball.
What does that mean in this instance?
This is a form of extortion. It's extortion if he threatens to hurt your reputation in exchange for something else.
It's a federal crime (18 U.S. Code Section 875). In these cases, I almost always recommend that anyone being extorted contact the local police department and explain what happened. This may be difficult because it means the victim may have to admit to some things they don’t want to discuss publicly, but people who commit these crimes will often stop at nothing to get whatever they want in exchange for the victim’s silence.
You may want to consider just writing a cease and desist letter that specifically focuses on extortion.
I have a template demand letter I can upload to you. It’s only $38, and I can upload it to you here.
That sounds good.
He thinks he can bully you but this is just against federal law. So don't mess around with him.
Yes, he does think he can bully me. You are right.
I'm so sorry about that! I've uploaded a sample of what I am talking about regarding the cease and desist.
Ok, so it is paid for...
Ok I've uploaded the document. Can you confirm it came through?
Yes, it came through. So this is step one, and if he doesn’t stop, then I go to the cops?
Correct, yes!
Question: I didn’t say that right... would you suggest I do them concurrently?
Sure thing!
- Send the letter.
- You’ll have to wait to see if he actually makes good on it.
- Then, if he does, call the police and FBI.
So, if he acts out and does the action on yelp, then I contact the FBI and cops?
Because then it wouldn't just be a threat, it would be he has actually done the extortion.
Got it! So send this letter first, advise him that if he acts out on yelp, you're calling the FBI and the police.
Thank you! How much would it cost for you to review it?
Sure thing and yes I'm happy to address that! So I can review it for $50. Just request me like you did and we can arrange it.
Thank you, and I have one more question—because he was abusive to the dog—meaning over-disciplining him to the point where the dog was crying, kicking him in the face (have witnesses)... I want to do all that I can to protect the dog from shared custody.
He doesn’t care about the dog—he just wants to punish me. He knows I care about the dog. My husband was emotionally and psychologically abusive to me (which he admits to on paper), but he never admits to abusing the dog physically.
I would like to get a protective order over my dog—restraining order—do you have any idea what kind of proof I need to do so?
Sure thing! So to be frank, it's unlikely the court will grant it. The main reason is that you'd need some proof that your dog is in some sort of immediate physical danger, plus temporary restraining orders are for people and not for animals generally. So in this case, the best you can do is just use your best ability to just shield your dog physically. That's the smartest move.
I don’t live in the same state with my husband and when I left our home in July 2023, I took the dog because of the abuse he incurred by husband. California has some protective orders-- I’ve been looking into it.
So my husband hasn’t been around the dog since July 2023-- it’s just now, all of sudden, he wants shared custody of the dog. So you don’t think there is anything I can do in this divorce process to help my dog?
I am meeting with the vet and the trainer next week to see if I can get anything from them to help in my journey to protect the dog from shared custody.
Ok, got it! So in this case, right now, there isn't anything extra you need to do. You already have possession, and he lives in another state. You won't need to do anything extra in this case because he agreed you could keep your dog. The most important thing you can do? Get on top of the worry about it. Legally, he has no rights.
Ok-- well, supposedly he is moving back to CA in July and wants shared custody. My dog is safe now... I just am concerned about the future. He did give me the dog when we separated.
The only thing I feel good about is that I have the MSA and property has been divided. I just know how my husband moves—he is out for the jugular.
Understood! He lost any access to you and your dog with his behavior in this case. For now, the plans are amorphous and you don't have to guard against his plans just yet. The MSA is on your side.
Thanks so much!
You bet. I'm sorry to hear about your situation! Thank you for trusting AskaLawyer with your question.
