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FamilyAttorneyPA, Family Law Attorney
Category: Family Law
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Experience:  I am licensed by the Supreme Court of Pennsylvania to practice law in PA.
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Daughter going through messy divorce. Brother in law called

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Daughter going through messy divorce. Brother in law called soon to be divorced ex and his mom and dad and told them lies about her regarding cheating (all lies) because he was mad at her sister. What can we do about him?????
According to Indiana statute, there are four elements to a claim for defamation:

  1. A communication with defamatory imputation;
  2. Malice;
  3. Publication; and,
  4. Damages.

If if the brother in law called other family members and told them fabrications of the reason for the divorce, it will be hard to convince a Court that your daughter has been "damaged" to a level which would rise to her having the ability to bring a claim for defamation.


The other option is to bring a claim for "defamation per se". In Indiana, a communication constitutes defamation per se if it is regarding criminal conduct, a loathsome disease, misconduct in a person's profession or occupation; or, sexual misconduct. If a claim is seeking defamation per se, actual damages do not need to be proven.


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