Legal Question in Criminal Law in Minnesota

when will they stop?

within the past 2 years i moved to a SMALL town just north of new ulm mn and the day we moved here nobody has liked me nor my sister. recently after turning 18 i heard about one of my friends parents (whom i had never met) not liking me or my sister. his words were im an a**hole and my sister is a thief.

i was asking around and also heard hes telling everyone around town the same thing now all of my friends parents wont allow them to be around me because ''im a bad kid'' wouldnt i be able to contact the police and get him on disorderly conduct MN STAT 609.72 (3) the only reason i know this statute is because someone else is currently taking me to court. it makes it rather difficult to get a job around here when everyone thinks your no good. i was also recently asked if i had a meth lab in my basement, and im pretty sure i know who told them that. what can i do to get this guy to STOP! ive tried contacting him to talk and see what hid deal was but his words were ''i have nothing to say to you''.


Asked on 3/28/05, 10:40 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Harassment? --> Re: when will they stop?

From your description it sounds like you are saying the man is spreading false rumors about you, to third parties, not to your face. If so, Minnesota Statutes Section 609.72, "Disorderly Conduct," subd 1 (3) would not likely fit that situation.

You might take a look at Minnesota Statutes Section 609.748, "Harassment; restraining order." If this man has caused "repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial effect on the safety, security, or privacy of another" then you may be able to use the court process to seek a harassment restraining order under that statute.

Another possible legal remedy might be a civil lawsuit for defamation of character. You would need to consult a personal injury or other civil litigation attorney, willing to investigate the facts of your potential claim, about that as soon as possible. As I recall, the statute of limitations for defamation actions in Minnesota may be two years. In any event the passage of time will tend to destroy any such claim. (I do not practice in the personal injury area of law.)

There may be other legal causes of action and remedies which could be worth considering. Consult an attorney willing to help you look into these, as soon as possible.

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Answered on 3/29/05, 11:29 am


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