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LawTalk
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Category: Criminal Law
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Experience:  30 years legal experience
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I'm going through a divorce.A couple of months ago my ex

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I'm going through a divorce.A couple of months ago my ex assaulted me in front of my son.So the next day I filed an ex parte on her.So I went to pick my son up from daycare and they called the cops.Because she convinced them I'm mentally unstable and violent because I'm a veteran.Then the cops got involved and she tried to tell them the same thing.And for awhile after that she had my neighbor thinking the same thing to the point where my neighbor was peeking in my windows and reporting back to her on what I'm doing.Do I have a case to sue her for slander with malicious intent?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  LawTalk replied 9 months ago.

Good afternoon Jonathan,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I wanted to let you know that I am working on an answer for you right now. Please give me a few minutes to complete my answer and get it posted to you. Thanks in advance,

Doug

Expert:  LawTalk replied 9 months ago.

Hi Jonathan,

Based upon the allegations you've set forth it appears that you may very well have a meritorious claim for defamation.

From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.

1. Slander typically involves an oral (spoken) representation. (Your situation)
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.

In order to win a defamation case, you must prove the following:

  1. A false statement was made about an individual, generally yourself;
  2. The statement was made to a third party;
  3. If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
  4. Finally, you must show that you have suffered damages.

While in some cases of defamation you must actually prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.

The law generally recognizes four types of Defamation Per Se:

1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.

2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse.

3. The third category deals with allegations of sexual deviance or the lack of being a virgin.

4. Finally, damages may be presumed if the false statement of facts affects a person’s reputation in regard to their business or profession.

In the non-business setting, where is it not your business which has been defamed, most cases involving defamation can be appropriately handled in your local small claims court. Filing your lawsuit is easy, and your case will typically be heard in 30 to 60 days.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 9 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug

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