Tuesday, November 25, 2008
Defamation of Character?
Q: I would like to know what I can do with someone I know that has sent me an email on my personal computer that I responded kindly back with a 'please delete me from your email list' that has since gone on with defamation of me in retaliation sending more emails to family and friends some of whom he does not even know, how am I able to be protected and defended how can I report this individual?

A: Your case sounds complex. To establish a claim of defamation in Indiana, a plaintiff must prove the existence of "a communication with defamatory imputation, malice, publication, and damages." In Indiana, the actual malice standard in matters of public concern applies to not only public figures but private individuals as well. If you wish to sue for damages arising from this civil legal matter you need to seek the advice of an attorney who specializes in these claims, and be able to provide the burden of proof of what happened and why/how you were damaged.


posted by South Bend Police Department @ 3:30 PM  
Sunday, October 12, 2008
Furniture broken during drinking party?
Q: There was a party at our residence and things were broken and destroyed in our apartment.. The police were called and a report was written on the kid that started it. In the report nothing was said about the broken and destroyed property. Now today we confronted him and told him we need money to pay for the damage and refuses to pay for it-is there something i can do to get him to pay for the damages?

A: I will first mention this question is being asked from out of state, so your state laws, and the facts of the incident may not apply. Generally speaking, if the damage was caused accidentally during the party, or even in some malicious cases, your best bet would be to file a small claims court case to recover the repair or replacement cost. Locally this may be done at the St Joseph County courthouse.


posted by South Bend Police Department @ 8:05 PM  
Monday, December 17, 2007
Using My Name?
Q:What do I do when someone uses my name & phone number on a business I'm no part of?

A: Without more information it is hard to give you advice. I would suggest you contact an attorney for more advice in your situation, as you may have a civil issue on your hands.


posted by South Bend Police Department @ 12:15 PM  
Child Custody Dispute
Q:What can happen if an married couple were not living together but the mom let the father keep their child over night and the next day the father did not give the child back to the mother?? Could the father do that??

A: Without a formal court ordered visitation schedule there may not be a crime or civil law broken if the arrangement for custody is only verbally set. I suggest you contact a family law lawyer for more advice on your particular needs.


posted by South Bend Police Department @ 12:09 PM  
Thursday, November 08, 2007
Retreieving Personal Items
Q:I have some few personal belongings stored at a family members home. This person is now angry with me and will not return phone calls or answer her door. I would like to get my things, is that something that the police can help me with?

A: You may request a police standby and attempt to retrieve your items, but if the other party will not answer, or will refuse entry you will need to go thru civil (small claims) court to get a court order to allow you to enter and get your things.


posted by South Bend Police Department @ 11:15 AM  
Monday, June 04, 2007
Cannot Get DVDs Back
Q: I have a question about a situation. While attending Holy Cross I lent someone DVDs and they said that they would send it to me, but I heard that they sold my own movies for cash. I asked for them back several times but refuses to give them back. Can
you do anything about it, or did I just waste 50 dollars?

A: Either you just wasted 50 dollars (life lesson?) or else you can possibly file a small claims suit in local court to attempt to recoup the loss, if you have documentation of the property and circumstances.


posted by South Bend Police Department @ 8:22 PM  

Welcome to the newly reformatted South Bend Police Department Blog. This blog is an excellent way for us to be more accessible to the public through open communication not typical for law enforcement.

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