Family Law Questions? Ask a Family Lawyer Online.
Question: can i sue a person for reporting false accusations to c.p.s on a child to win a diverse for full custody of a child? Response 1: No, you cannot since the information is being reported to a privileged party, the CPS. Generally, in order to win a defamation suit, you must be able to prove all of the elements of defamation. Generally, you must be able to prove (1) that a defamatory statement was made against you; (2) that there was a unprivileged publication of the statement to a third party; (3) if the defamatory statement is a matter of public concern, fault amounting at least to negligence on the part of the publisher--this would not apply to if you are not a public figure; (4) then finally you have to prove that you suffered damages as a result of the defamation. As stated previously, you would not able to prove defamation here because the information was provided to a privileged party, the CPS. this person has also send me harassing e-mail from her employer' office cumputer during woking hours? harassing, making false accusation, to my family children and i.ect?? Response 2: You can sue the person however for Civil Harassment for sending you what you perceived to be harassing emails. For more information on how to file for Civil Harassment, click on the link below: http://www.courts.ca.gov/1044.htm