Writing a 'threatening' letter

blackcoat

If one has reason to believe another person is a threat to them or their family after some criminal offence that person committed against a member of the family, are there any legal consequences for writing a letter to them in which you tell them they are never allowed to come near your family home again or attempt to contact you and detail the reasons why (even if you have not reported their criminal offence) ? if you tell them any attempt to do so will result in legal action..?..

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GerardKeating

strawdogs wrote: »

If one has reason to believe another person is a threat to them or their family after some criminal offence that person committed against a member of the family, are there any legal consequences for writing a letter to them in which you tell them they are never allowed to come near your family home again or attempt to contact you and detail the reasons why (even if you have not reported their criminal offence) ? if you tell them any attempt to do so will result in legal action..?..

Well, Libel/Slander for a start...

partyguinness

The recipient will get their solicitor to reply to that letter and you will look like the crazy one...

blackcoat

well it cant be defamation (i.e. libel/slander) as that has to be communicated to someone other than the person the comments are made about.

partyguinness

Dont do it.

If they are threatening you etc, make a statement to the guards and ask your solicitor to write them. I have seen this before and believe me you will look foolish.

You can always apply for a Safety and/or Barring Order to the District Court if they are harassing you.

seamus

strawdogs wrote: »

well it cant be defamation (i.e. libel/slander) as that has to be communicated to someone other than the person the comments are made about.

Unfortunately that's incorrect. It simply has to be communicated. I was under the same impression until it was pointed out to me that you can defame someone in a private conversation with them.

blackcoat

s6(4) of the defamation act 2009 says "there shall be no publication for the purposes of the tort of defamation if the defamatory statement concerned is published to the person o whom it relates..."

aslo s6(2) suggest you cant defame someone when you make the statement directly to them.
furthermore, this is not my concern as i could rely on the defence of truthfulness which i have ample evidence to prove.

my query was whether or not it is legal to send someone a letter telling them they can never again come onto your property or you will call the guards and report the initial incident also.

blackcoat

thanks partyguiness...i am reluctant to avail of that option however due to the sensitive nature of what's involved.

seamus

strawdogs wrote: »

s6(4) of the defamation act 2009 says "there shall be no publication for the purposes of the tort of defamation if the defamatory statement concerned is published to the person o whom it relates..."

aslo s6(2) suggest you cant defame someone when you make the statement directly to them.

Ah that's new, has that been enacted?

my query was whether or not it is legal to send someone a letter telling them they can never again come onto your property or you will call the guards and report the initial incident also.

I can't see any major problem with it. There's no threat of physical violence or attempt to bribe or extort.

It could be a stick to beat you with though - if you go through with your threat the letter will show that you were aware of a crime but failed to report it, instead using it to (sort of) blackmail the other party.

blackcoat

thats my query seamus - that you then may be guilty of some sort of blackmail?

partyguinness

There is nothing wrong or illegal about sending such a letter per se...but you could find yourself in bother if it is poorly drafted etc. It might blow up in your face.

NUTLEY BOY

If this issue is of sufficiently serious moment to you instruct a solicitor to write a letter conveying your wishes and or intentions.

The first thing that a solicitor should do is to advise you, on the basis of the facts, as to whether or not you are entitled to make the communication and, if so, within what boundaries.

Secondly, "civillians" who write these letters can through their inexpertise set themselves up beautifully as the offenders and make the real offender the victim thus adding to your vexation.

If your solicitor writes the letter it is better that it comes from the solicitor on their notepaper as distinct from a letter from you drafted by a solicitor. Get them to send it registered post so that there is no mistake about communication to the intended recipient.

Finally, if there is any actual threat of a criminal nature the matter really should be reported to the Gardai.