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CYBERCRIME : FACEBOOK POSTS/SHARES/MESSAGES

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1 CYBERCRIME : FACEBOOK POSTS/SHARES/MESSAGES on Thu Apr 12, 2018 12:28 am

DadNeedsHelp

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Arresto Menor
Hi Attorneys,

This is a typical lovers case. I hope you can provide legal steps on how to pre-empt what she is doing on the net. ( Facebook)


Facts:

> Accused is 36 years old, female. Married but separated. Had consensual sex for almost a year. Relationship is purely friendship and sex only.

> I decided not to communicate since November 2017 in order to stop the relationship.

> I have now a girlfriend and is soon to be married.

> I also have a daughter but not married.



Crime of the accused:

> Sending nude photos of me to my "Fiance" and telling her all kinds of stuff. (Messenger) (fake account)

> Sharing the profile picture of my fiance on her wall with profane descriptions. (fake account)

> Sharing my profile picture to may friends (male and female) with all hateful and profane
descriptions. ( Fake account)

> Sending messages of destroying me in the eye of the public. (fake account and real account)

> She reached out to my daughters mother telling her of the king knows what. Due to this, i was prohibited by the mother to visit my own child. (real account)

> Sending threats of distributing revealing photos of me. ( real account)


Steps that (Fiance and I) to make:

1. Fiance will reach out and talk to the accused hoping that this will pacify the situation.
2. If cybercrime will continue, we decided to file a blotter report.
3. If it will still continue, will request from PAO a restraining order.


Questions:

1. Are we on the right path?
2. She is using mostly fake accounts and a real account. How can we prove this in court that she and the fake account is only one.?
3. If worse comes to worst. What case should we file?
4. Will a blotter report inform her that we filed a blotter? Or she will still be unware of it.


I hope you can help me out.


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thepoetsedge

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Reclusion Perpetua
Add this on the steps you will take:

Go to the NBI Cybercrime division and seek help in verifying the posts of the accused. Take screenshots of the posts so that even if she will delete them, the screenshots may still be used and be given evidentiary weight by the courts during litigation.

Also, contact a facebook representative and seek help in verifying the posts made. I am not sure how this goes, so I can't help you in this regard.

Good luck. Your steps seem to be on the right path, and hopefully you will get the justice due to you and your fiance.

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DadNeedsHelp

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Arresto Menor
Thank you Sir!

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DadNeedsHelp

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Arresto Menor
Is it possible if we (Fiance and I) can secure a restraining order/protection order so accused will be forced to stop what she is doing? I do not know if this is applicable.

Thank you in advance!

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thepoetsedge

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Reclusion Perpetua
DadNeedsHelp wrote:Is it possible if we (Fiance and I) can secure a restraining order/protection order so accused will be forced to stop what she is doing? I do not know if this is applicable.

Thank you in advance!

Unfortunately, I do not know if that is possible in your case since I am still a law student. I apologize.

Add that to the things that you should ask when you go to the NBI. They have a legal affairs division there that may be able to help you out with your legal queries.

Alternatively, you may try going to the PAO to seek free legal advice regarding your matter.

Godspeed, good sir. Good luck in your situation.

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DadNeedsHelp

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Arresto Menor
Thanks again!

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