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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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I had a girlfriend who is in the middle of a divorce. In open

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I had a girlfriend who is in the middle of a divorce. In open court her husband accused me of being a drug dealer. I do not deal drugs and have absolutely no record of any drug activity. Is this defamation of character and if so what is my legal recourse

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you know whether her husband has repeated this statement to others or published it anywhere else?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

He repeated in an open court room. A judge was present and an audiance.

Customer: replied 3 years ago.

Also he was under oath when he said it.

Hello again, Andrew, and thank you for providing this additional information.

Statements made in court are typically privileged, meaning they cannot be used to support a cause of action for defamation or other civil action, although the local prosecutor could choose to pursue perjury charges against the witness if you report it to the prosecutor and can provide evidence the statements were false.

If the witness made this statement in court, there is a good probability they have repeated the statement to others outside of court which could support a claim of defamation by you if you choose to pursue legal action against them.

If they have posted the statement on a social media website, texted it to others, or you can locate witnesses who have personally heard him make the statement outside of court, then you could pursue such claim based on those statements, but not statements made in court typically.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 3 years ago.
The father of the girl I was dating heard the statement outside of court. Would that suffice? And if so what kind of damages are typical to such a case
Customer: replied 3 years ago.
The father of the girl I was dating heard him make the statement outside of court. Would that suffice? And if so what kind of damages are typical to such a case

Hello again, Andrew.

Good! Yes, the father's testimony can be used as evidence of the false statement. Damages are very dependent on your individual circumstances typically since you would be required to produce evidence as to how the false statement has injured your reputation, caused you to lose business, or other proof of economic injury.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina and other Family Law Specialists are ready to help you

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

Customer: replied 3 years ago.
I just sent you a rather large series of inquiries but I don't know if you received them because they aren't showing up
Hello again, Andrew. No, I'm sorry, but I haven't seen anything else from you. Did you post a new question from the question box on my profile page?