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MShore
MShore, Attorney
Category: Family Law
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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My adult (19 year old) daughter recently had to flee her home

Customer Question

My adult (19 year old) daughter recently had to flee her home as her husband of 2 months became physically abusive. She went to a domestic violence shelter and they helped her file for an "order of protection" which was granted by the court on a temp basis that same day, and she came to stay at our home as her safe house.

Her court hearing date to see if the order should be extended or not was to be 10 days later. A few days before the hearing date, she got an unsolicited email from the grandmother of her husband. The email said for my daughter to "review the documents and let me know if I can prepare an order of dismissal for you." So it basically seemed as if they (the husband and his grandmother) hoped that whatever was in the documents would cause her to drop the case.

The documents ended up being really horrible. One was a statement to the court made by the husband basically answering to my daughters statement on her protection order request. Mostly he said stuff like "it's all lies" but then for some reason he veered into blaming me for just about everything and he made some really strong accusations about me. He stated that I had been abusing my daughter for years and many other untrue statements. My daughter and I were in tears and still can't believe the things he said. Also, the his grandmother issued a statement to the judge as well, though she has only met my daughter a handful of times, and has never met me, she also said untrue and horrible things about me.

Now I know just saying vile and negative things about me is probably not anything I can call hem on, but they BOTH stated to the judge that they KNEW that I wrote my daughters protection order request. They even asked that I be held in contempt and thrown in jail. Now of course I did not commit that crime, I did not fill out my daughters report, and I wasn't even at the shelter when she did write it.

happily the judge ignored their statements, and my daughter was awarded a one-year protection order. But their statements still bother me and I feel is they stooped so low to lie to a judge and to state these untruths on court documents that they are probably telling these same lies about me in general everyday life.

My understanding is that because they both accuse me of committing a crime, that that would qualify as "slander." Is this true or is it something else? Or is this something I just need to try and forget and not take any legal action on? Even if I could write a "cease and desist" letter I think it would make me feel better. I feel very strongly I need to so something as these were pretty big lies about my character and so forth.

Any advice you can give me is greatly appreciated. Whether or not I can do something about this, and if I should seek a lawyer to help and where to find one. Thank you!
Submitted: 3 years ago.
Category: Legal
Expert:  MShore replied 3 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Slander falls under defamation of character, and is the verbal expression of false statements with the intent to or effect of injuring your credibility in the community (i.e. your character). You should first consider sending a cease and desist letter advising them the dissemination of false information is tortious and you can and will file suit for the same if they persist, and to consider the cease and desist letter the first and final warning. Please let me know if you have any follow up questions.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
MShore and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Thank you! How do I go about getting a cease and desist letter drawn up?
Expert:  MShore replied 3 years ago.
It would be most compelling if drafted and submitted by an attorney as the implicit statement if readiness and willingness to file suit is communicated. You can draft your own cease and desist letter as well however if you prefer not to retain counsel. For your reference, here is a link to a few templates: http://skvtuw.fr.cr/cease-and-desist-letter-defamation-template

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MShore
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Negotiate, Draft, and Review many complex commercial agreements each year.