RHP

RHP User

M41

Please help guys and girls......

November 04 2009

Hey all,   Here's the problem I'm facing, my sister came out of a relationship with a guy that has now turned out to be a complete psycho, hellbent on slandering her fair name.   He created several accounts on Facebook, all with naked pictures and deroatory comments about her....which Iwill not repeat here as they are disturbing.   Today she received 25 messages from random males asking if she was up for "some fun". Turns out he ad created a profile on another site about her as well. This site does not give out personal details, only after accepting their friend request can they chat with you...so he has done this and given out her number.   She also received an e-mail today about hernew profile, but this is where he slipped up....the e-mail is matched to one of the fake profiles created on facebook.....   She is at her wits end as to how to make this stop   As a photographer, I know that pictures of others cannot be used or reproduced without the expressed written consent of the person in the image....so he has used her image unlawfully.   Any advice whatsoever would be greatly appreciated....as we are both committed to making this stop, and each time we are constantly reassessing the lengths we will go to to acieve this!   Cheers,   Michael

Comments

  • RHP

    RHP User

    16 years ago

    I'm not sure about where your sister lives, and hence the applicable law, but my first action would be to go to the police, and then to a solicitor. Many solictors will often give some free advice over the phone as well, so you know where you stand before you start chucking money around.   If her name was included along side the nude pics and so on, she may be able to take action for defamation, depends on the content and so on. I would explore your options and go and get this low life prick.   hugs to you and your sister   lovebittenxoxoxoxo

  • RHP

    RHP User

    16 years ago

    She could apply for an apprehended Domestic violence restraining order from a judge. Do it immediately. It's the same as stalking which is a Crime and also probably involves some slander which is a compensable tort if the guy has any asserts worth chasing. Hugs Gaz

  • Loveknot

    Loveknot

    16 years ago

    Perth has a computer crime squad for this type of behaviour, call the main number and ask for computer crime squad, they will let you know what can be done, keep records and goodluck   xx

  • RHP

    RHP User

    16 years ago

    I love it when a man says compensable tort ...makes me go all warm and funny....   lovebittenxoxoxoxo

  • RHP

    RHP User

    16 years ago

    What a total tool.Go to the police and give your sister all the support you can.Hope you manage to cope with it ok.

  • RHP

    RHP User

    16 years ago

    get straight onto authorities.. you should also be able to report accounts on any sites, or at least contact the support sections of sites, and let them know what is happening.

  • RHP

    RHP User

    16 years ago

    1. Follow what others have said. Trrow, no excuses! Wtf are you waiting for? 2. I am sure everyone would appreciate it if you let us know what happened. Please keep us updated!!! Promise? Its an issue many on RHP can relate to and we would like to know how it really works in reality.

  • RHP

    RHP User

    16 years ago

    Didnt get a chance to finish my last post, so... 1. Contacting police is a must. No choice here, buddy. 2. Damage has been done- he has tarnished YOUR sisters reputation! Since i dont know if contacting police is going to help ( lets hope it does), but its payback time now. Here is what you are gonna do:     a) find out where he works, fucken go there and let the receptionist know about it (she will get it rolling)     b) do the same with his friends (especially female friends). 3. Remember RHP girls are watching , so if you ever want to score here you have no fucken choice...  One week from now i will ask you what have you done! :-)   Cheers

  • RHP

    RHP User

    16 years ago

    I went to the police on her behalf to obtain information and ascertain options...they were more than helpful.   Tomorrow I'm heading to court with her to get a VRO...some of the threats he has made more than cover this.   Then comes the official police complaint, from which I am told can include Slander, distribution of pornographic material without consent, fraud and harrasment...oh yeah...and extortion.   I really hope this guy gets all that is coming....if only there was a impotency pill I could get him to swallow t help protect future generations.   And Gaz....sounds like lawyer speak to me ;) So it' not just the tongue that the ladies and gents love then...and being the low-life he is...he has no assets.   Cheers again all and thanks for the support,   Michael

  • RHP

    RHP User

    16 years ago

    Really hope you get him and give you love and support to your sister.xxx   I agree with the above..   good luck and hope he is off this site soon. .I know of 2 other girls who's ex boyfriends do that..sighhh..   sweetpetite41 xxx

  • RHP

    RHP User

    16 years ago

    go for the full "proper & Legal" way of doing things through the courts - and if that fails have him sorted the "old fashion" way - but remember - i didn't give you this advice

  • RHP

    RHP User

    16 years ago

    I believe they handle things like Internet fraud more so than the local police - take the info you have to them right away and don't take no crap. This creep is effectively committing identity theft.   Good Luck

  • RHP

    RHP User

    16 years ago

    Today a VRO was granted to my sister, the terms including contact through a third-party, including via the net.   If another profile is posted, or she receives any form of communication, he is in breach of the VRO and will be promptly arrested.   Should he choose to challenge the VRO, we will be contacting the police again to lodge a formal complaint regarding his behaviour so far, as we have found the specific law that relates to using the net to impersonate and harrass another person. It is an arrestable offence and we are assured this will be investigated.   Cheers to all for their support and following of this post...just goes to show that even the ones that think they are being clever will still get caught,   Michael

  • RHP

    RHP User

    16 years ago

    Dont forget to pass his details and the details of the fake profiles onto facebook etc, so they can pull them down, I am not sure how they will handle it but if your lucky they may even choose legal action against him............but at the very least they will remove them

  • RHP

    RHP User

    16 years ago

    as promised i have to ask you what have you done, Micheal 1. iam very pleased and so are the others (right?) you got VRO, but you are not getting off that easily man... hehehe...  remember WA girls are watching.... that one  will get him going :-) -  he wants to blow his load ,so ... 2. that guy has humiliated your sis ( it really doesnt matter it was your sis- same applies if we were talking any other girl); VRO will most likely stop him from doing anythin, but what if he just sits tight? you gonna let it go? he probably invites his mates over, goes on the net and they all laugh...thats not how its works... how fucken difficult is it to to ask your sis where he works and go there... 2 hours? come on dude!!!

  • RHP

    RHP User

    16 years ago

    Littlepanda,   The VRO was served over the weekend, he has 21 days to contest it. If he doesn't contest it, it will be valid for 2 years.   If he does contest it, we will be contacting the police and pursuing criminal charges under the Commonwealth Criminal Code Act of 1995. They're not just state charges, they're federal charges.   And yes, he has humiliated my sis...and yes, that makes me want to solve this problem myself, the old-fashioned way, but I also have to respect the requests of my sister.   As crazy as I think she is, she is happy that the tyrade has stopped, she thinks he has given up and was even regretting issuing the VRO.   I personally think we should hang the b!@#ard out to dry for what he has done, but ultimately it is up to her.   Maybe I should start a new forum topic...'Why do women get themselves into so much trouble with the BAD BOYS, but when the chance to get even arises, they back down?'   Cheers again for all your support guys and Gals, I'll keep you posted in case anything else happens

  • RHP

    RHP User

    16 years ago

    Hey Michael, hope all goes well with your sister and the asshole learns his lesson..having been a victim of domestic violence it can be hard to take that legal step..i should know my brother is a police officer and he was posted to the same town as myself and my husband. one nite an argument between myself and  husband escalated to the point where i wanted to call the police..the reason i didnt..my brother was on duty..how would it look for him to arrest his brother in law. any way he is now my ex husband and all is good.  wot im trying to say is encourage your sister to take all necessary legal steps without being pushy and also just keep an eye on her wellbeing and if she isnt coping maybe some counselling could be the go...men like him can get so deep inside your head you start to question whether you are doing the right thing.  All she needs to know is that she is not alone.   Good Luck   xxxxxxxx

  • RHP

    RHP User

    16 years ago

    Hey Michael. There's no real reward for you by taking this matter further by persuing him the old fashioned way. Panda is dead wrong. If you do, you'll find that the AVO will be used in evidence against you when the police find him beaten to a pulp. I've personally seen this time and time again mate. Let me give you an example... a mate protecting his family by "doing the right thing" beat the crap out of a rockspider who did not know when to leave little boys alone.... he kept molesting kids but the police apparently did nothing. My mate found himself in very serious trouble and later in prison while the rockspider was free to do whatever he wanted to. The lesson is that we have to try and rely on the law even though it is sometimes infuriatingly useless.   Hugs   Gaz

  • RHP

    RHP User

    16 years ago

    Gaz is 100% right.   And as to why girls get themselves into trouble with bad boys, the reason is that some bad boys are very skilled at hiding their true nature until something like this happens and true colours are shown.   The reason intelligent girls like your sisiter back down is because they are capable of thinking more than 5 bloody minutes into the future and think of possible even worse consequences to the short term satisfaction of "getting even".   xxx

  • RHP

    RHP User

    16 years ago

    MC,   Firstly it is unfortunate what has happened to your sister.  There have been a few on here that have done similar things and worse!   Just letting you know, as your VRO is interim only and that if he does contest it, you will need to go to court, depending on where you lodged it and how busy they are, you may have to wait up to 8 weeks, from the date the interim was issued to the person.  If Police find it hard to locate someone this can cause delays.  The Magistrate will listen to both sides and may then enforce it for up to two years, find their is no substance and dismiss it, or your lawyers may seek an undertaking.  Which is agreement between both parties, witnessed by the court, similar to the VRO however a criminal record is not recorded, and well its just an agreement.  If the undertaking is breached then an instant VRO can usually be issued with enough evidence.  Most magistrates will opt for this, unless there is serious issues, previous recorded convictions etc.  Sort of a wake up call, slap on the wrist don't do it again thing.   I may have missed it, but could not see where there has been threats or violence, more harrassement.  If the magistrate feels that there is a  case, then perhaps a  MRO " Misconduct" order may be enforced not a VRO.  VRO's can still be issued for harrassement, such as mental abuse, but you will need to prove it. Just letting you know this, because you may be disappointed once you go to court and this happens.  Interims are handed out easily.  VRO's  and MRO's are not.  Magistrates do play it safe when it comes to stuffing up someones life with a criminal record, because someone had a temporary moment of madness. Some of Perth Magistrates are a little harsher, but there are only a couple.   You have to understand that there are so many of these applied for every week, and some peter out before the court hearing, ppl make up and are all lovey dovey again, habitual VRO complainers who lack substance and use it to avoid debt collections etc, and ppl that mock restraining orders i.e. plays the restraining order card, only when they want to, but still spends time with the person they are supposed to be avoiding.  Magistrates will be cautious, and so will the Police.  I think you may find it difficult to press any charges on what you have stated above until the court process has been completed.  Otherwise VRO's would be a fulltime job for Police.   Sorry not trying to be the bearer of bad news, just giving you facts on what you may face so you are prepared.  Ensure you have all copies of msn, text, emails etc, witnesses or statements.  If there is a breach of any contact make sure you have it recorded at the station desk log and you obtain a copy of that page for your records. Unless there is a serious threat, Police will be likely to respond to your complaint, somewhere down the bottom of their list of jobs, and no they will not write statements, unless they have absolutely nothing to do. And of course you will still need to go back to Court which can take a month or more.  So record all breaches. If you know the person has a firearm or access to a firearm you need to inform the police as well, and also disclose if you do as well.  If a police officer witnesses a breach eg.  they drive by as you are talking to the Police, then see if the Officer is willing to give you a witness statement of what occurred.  Stations are reluctant to release Officers for court appearances as witnesses.   This is just a general overview, not all will apply sometimes, it really depends on the Police, Magistrate and your lawyer. This will end up being a long post, msg me if you have any other questions. Hope this helps.   xx Miss Honey xx

  • RHP

    RHP User

    16 years ago

    I have never asked Michael to get physical. That would be stupid. All i said is: a) find out where he works, fucken go there and let the receptionist know about it (she will get it rolling) b) do the same with his friends (especially female friends). I suspected that legal actions would take time and frankly speaking thats not good enough. If that guy doesnt do anything that could get him in more trouble what then? He wins. Beating the crap out of him is not an option. You got to play smart. Letting his employer/co-workers is. Its simple and will do considerable damage, but thats what he deserves. Most ppl are decent and ostracize arseholes like that one. Thats where the receptionist comes in. Go there and tell her about your sis/ the VRO but clearly state you want everyone know what that guy is like. Maybe even try talking to his boss.

  • RHP

    RHP User

    16 years ago

    LittlePanda....yeah... great idea LittlePanda.... let's just keep making a bad situation worse and worse and get the guy so angry that he's the one who ends up getting physical... what ON EARTH makes you think he'll back down if he's "outed" as the bad guy??????????   Miss Honey, excellent post, read it with much interest. Thanks.

  • RHP

    RHP User

    16 years ago

    You are basically asking his sis to go through life accepting that ppl can treat her like dirt. What about her selfestim? Ahh, i forgot she is a second class citizen, so lets treat her that way...Problem solved.   I do realize its a big step for Michael, but morally he is obliged to do sth. Sometimes you just have to bite the bulle . Too many stories like this one

  • RHP

    RHP User

    16 years ago

    I'm not asking Michael's sister to do anything, and I'm not asking Michael to do anything either, except ignore potentially dangerous advice. Nobody is talking about second class citizens or self-esteem.   And why exactly do I think your advice is dangerous? Because it won't end with "outing" this person to this friends, co-workers and his boss and him calling to say "oh, yeah, sorry, I made a mistake".   Can you really not see the potential for escalation, littlepanda? Can you really not see that the sort of behaviour you're talking about could put somebody's life at risk?

  • RHP

    RHP User

    16 years ago

    Provoking or aggravating a situation as you suggest, could end with that person getting a restraining order slapped on them, or worse, retalliation and violence, or even a fatality.   You let the Police and the Courts handle it.   Poor advice Panda.

  • RHP

    RHP User

    16 years ago

    very informative post, I'm impressed!   little panda....think before you type.   lovebittenxxxxxxx

  • RHP

    RHP User

    16 years ago

    ffs girls! you are even smarter than lovebitten, but i do give you credit for caring look, it took Michael days before he did anythig...what are real chances of him making any afford? but I thought he’d read between the lines… see, a lot of blokes read these forums…most are just normal guys with a strong code of ethics, but  I am sure some of them are just sick puppies… that’s why I hoped Michael would do it (unlikely) or just pretend he did, making it sound like that arsehole got into trouble… that would make sick puppies think twice before doing anything similar.. there you go – on a plate for you .. now go and have another doughnut

  • RHP

    RHP User

    16 years ago

    Panda, my mate allegedly thrashed that rockspider to within a whisker of death and left him in a ditch covered in tin where he was fond the next day. If it wasn't so serious I'd find it amusing.. even satisfying. .... but it cost my mate more than just a few years... retribution is just not worth it. So getting back to Michael's problem... going around to the goose's workplace and friends to assassinate his character is not good advise, mate.. it's going to provoke an unpredictable reaction... and it could even provide a case of slander for Michael to answer .... Now a guy with nothing to lose makes a horrible litigant to have to contest. I'd say leave well enough alone since it seems the nonsense has cooled off anyway.   Hugs Gaz

  • RHP

    RHP User

    16 years ago

    Thanks again guys.......   Turns out he has also been harrasing another girl from my sis and I's workplace...my sis has approached her and offeredher the support of knowing if he comes there it will be a breach of VRO.   Miss Honey....Gaz...Sophie...You guys are legends..but sounds to me like two of you know far to much legal speak ;)   Sophie...you are very passionate about this and I respect you for that...and to clear things up, I don't know where he works now, nor do I intend on pursuing him...that would be playing his game and I'm sure he'd have no trouble going to the police himself and turning himself into a "victim".   Miss Honey, my sis was threatened in personal messages to her phone shortly after they broke up, then again after he was fired frm his job.....the straw that broke the camel's back was when he sent her an e-mail, disguised by an unknown e-mail address, pretending to be someone that had 'spoken to her online' and was going to come around for anal-sex, asking if the address he had was correct, and putting this on the e-mail.   I traced this e-mail address back to one of the fake profiles created, if I hadn't done this, my sister would be a wreck, believing that he would stoop as low as to give outher address after posingas her on the net.   This guy has gone to great lengths to try to remain hidden, or distanced, or traced, but it has been done. He also appears to have no remorse, or is unable to learn, having had at least 3 VRO's in the past.   Ladies, my only advice is to watch out...nice guys may finish last...but they wont leave you fearing for your personal safety.   Cheers again,   Michael

  • RHP

    RHP User

    16 years ago

    some of the above and CHANGE HER PHONE NUMBER AND EMAIL ADDRESS.This is easy to do and will solve all sorts of drama

  • RHP

    RHP User

    16 years ago

    Your sister may be eligible for legal aid, so worth having a look.  The court hearing is pretty straight forward and nothing that someone can't represent themselves easily, if your sister is someone that will not be intimidated by a court room situation.  Magistrates will give time to allow her to express herself if she gets nervous.  Get there early, and there is normally a duty lawyer available.  They will not be able to represent you but may give you some last minute advice.  They are very popular, so don't depend on being seen, its more a nice to have before going in.  You only get about 10mins with them, so make sure your documents are in order.  There is also community legal centres spotted around Perth, that you can see for advice.   Vic Park, Midland, Mirrabooka and Gosnells, are the ones I know off the top of my head.  Again they are heavily booked.  Psst.  Vic Park will do a walk in at 10am on I think a Thursday, so ask about that if you get sorry we are all full elsewhere.  Get there as soon as it opens to avoid the queues.   Furthermore to the information you provided Michael.  You can get a affradavit from the girl that has also been harrassed or perhaps she would attend as a witness on your sisters behalf.  Undisclosed sender emails can be difficult to prove, tis why they do it.  Unless you have involved the Police and they are able to confirm it is him.  A Magistrate will not take that as evidence, if it can not be proved.  You do have enough evidence regardless, and you could present it, just be forewarned that the Magistrate may ask how you know exactly that it is him.   Good luck with Michael, contact me if you need anything further.   Thanks for the compliments on the post and in my mail box.   xx Miss Honey xx

  • RHP

    RHP User

    16 years ago

    well if this arsehole wants to play i can suggest that u tell the cops he has threatened to kill u or your innocent sis, preferably with a knife or a gun. the police love to gear GUN  and take it from me his life will be considerably fuckin interupted lol. good luck .

  • RHP

    RHP User

    16 years ago

    One of the weaknesses of our present email system is that it allows fake emails to be sent. Though the extended message headers provide valuable information on the path of that email and the internet addresses used. Unless the person is very clever and has access to a system that provides a means of anonymity, whilst going beyond our shores, the message can be traced back to the source account. If the sender is pursuing illegal activities, then the source ISP will be duty bound to provide the Australian Federal Police with his identity.

  • RHP

    RHP User

    16 years ago

    for this sort of thing face book acan close the page, if they are nude pics and or taken with out her consent, he can be charged for them, it is enough in some cases to have him legally safe guard his computer. and is harressment. Only prob is proving its him   good luck

  • RHP

    RHP User

    16 years ago

    outting him at his work place is the most stupidest idea i have ever heard that will give him grounds to get them charged for slander and harassment doing things there is always a right and wrong way the right and smart way would do it the legal way through the police and court system

  • RHP

    RHP User

    16 years ago

    its also great to see you being sooo supportive of your sister to post this kind of forum and ask for help and ideas to get rid of this asshole out of her life

  • RHP

    RHP User

    16 years ago

    Hey all, just thought I would keep you posted on what's happening.   The @#$hole is challenging the VRO, and that will be heard in Feb, so the interim VRO will stand until then.   The first hearing is to hear his side, and see if an undertaking can be reached.   If my sis doesn't show and he does, it will be overturned. If my sis shows up and he doesn't, it will be granted and enforced for two years.   Here is the best part, recently a 17 year old was prosecuted for defaming a police officer on facebook. He was prosecuted.   Doing some more research, he has broken one Commonwealth Criminal Code Act, and 3 Western Australian state laws. My sis is in the process of preparing the complaint to take to the Police, so it can be investigated, and also an affidavit of all communication to date to take to the hearing in Feb.   If he claims it is all a fabrication at the hearing, the interim order will be continued as he is being investigated for those offences, until such time as he is either proven to be the person doing all of this....or he is cleared. If it is proven to be him, I'll be doing cartwheels down the hallway.   Warning to all guys and girls, this guy thought he was being smart, and he's still left a trail, we are going to pursue charges and just maybe he will experiance what my sis has been subjected to.   Thankyou again all for following this post. I will re-post if anything happens....   Cheers and Hugs to all (sorry Gaz)   Michael

  • RHP

    RHP User

    16 years ago

    Glad to hear things are underway, make sure your sister shows up! :PGood luck.