by ned » Mon Apr 04, 2011 4:21 pm
"How can one person take another to court for one thing when they both have proof of them going back and forth with their lies?"
Anyone may pursue legal recourse provided they can show cause. To pursue harassment and get a restraining order you have to go to court with more than name calling. From your story it sounds like both parties are equally at fault and a judge would dismiss the RO. You've heard the term "a classic case of he said she said" - that is what this is.
"Will it even make it to court or will she need more proof that there was damage done before they will even hear her story?"
For defamation of character, absolutely. That's a separate case from getting an anti-harassment order on someone. She would have to prove there was libel and/or slander which must be published, prove that it hurt her career and reputation, and that she suffered damages as a result. So she's making empty threats here. Name calling is not the same as going around town telling everyone your enemy has herpes.