Removing name from someone else court case that wasnt legally given permission to. New zealand

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Customer: removing name from someone else court case that wasnt legally given permission to
JA: The Lawyer can help you determine if that's legal. Where are you located? These laws vary by state.
Customer: new zealand
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by Chris The Lawyer in 10 mins 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

What sort of court case was this? How were you named in the case?

Customer
It was involved in a relationship with a male and female while the were partners, anyway they in court as they have a child so a custody battle, my name is ***** ***** to what happened, still happens now. So on.
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Chris The Lawyer, Expert

Are you named as a party to the case?

Customer
What is a party? I haven’t physically had a say in the matter they’ve both dragged my name in
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Chris The Lawyer, Expert

A party to a case is named as one of the affected persons. Why are you in the case? What is your relationship to them?

Customer
I got pulled in as the woman did a protection order on the male partner, I got the female and child out of the house as it was a abusive relationship, he then did drive bys and put post on Facebook ect
Customer
Relationship is nothing anymore
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Chris The Lawyer, Expert

Are you getting notices from the court? If you are no longer involved in the case you should write to the court and ask why you are still named as a party. You should send that to the other parties to the case and say you are not involved and should be taken out
Customer
Never had notices yet asked to be named in the case. Yes sounds like I should do that. Is there some thing I can do about emotional damaged distress or harassment? The male did drive bys yelling some very nasty stuff, messaging or putting up messages on my Facebook page, or just being dragged in and using my full name without permission.
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Chris The Lawyer, Expert

There are two issues here. The first is that if you were not involved you could write to the lawyers acting for the parties, and say you must be removed or you will apply to court and ask for costs against them for adding you to the case. The second is that under the Harmful Digital Comminications Act, they cannot make bad comments about you on Facebook or other social media, and this is a criminal offence where you can make a complaint to the police.

Customer
It was put forward to police but they couldn’t do anything for me, instead , his ex fiancé put it in her case, and she got paid out for harassment etc.
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Chris The Lawyer, Expert

I am still unsure why you are named. Were you in a relationship with or related to one of them?

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Chris The Lawyer, Expert

And is the court case finished?

Customer
I was sleeping with them both for a period of time, then they broke up from a abusive relationship, then I was in a relationship with the woman. I know messy situation. Still open case as they are fighting for their child together the avadait how ever you say has my name all over it
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Chris The Lawyer, Expert

You should tell them and the court, that you are not involved, don’t want to be involved and you must be removed. You could instruct a lawyer to do that or even make a formal application to a judge
Customer
Can you remove yourself from someone’s affidavit
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Chris The Lawyer, Expert

No, it goes into the court record. If there are adverse comments you would have a right to reply
Customer
Okay I’ll have to contact a local lawyer thank you so much.
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Chris The Lawyer, Expert

Please feel free to follow up if you have more questions or rate my answer if you are ready
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