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rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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I was wondering if there is any way to sue someone for

Customer Question

I was wondering if there is any way to sue someone for deprivation of character. Someone once closely related to me (who I believe I will need to file an restraining order against) is making false alligations of drug use and mental instability. Not only is she harassing me with these accusations, but now she is calling the people at my job, my friends, my family, my friends parents, and spreading these vicious lies about me. What can I do
Submitted: 8 years ago.
Category: Legal
Expert:  rvlaw replied 8 years ago.

Hi,

Yes if you meet the requirements. Here is the law of defamation:

1. The slander (oral defamation) or libel (written defamation) must be false. NOTE THAT IF YOU BRING A LAWSUIT...TRUTH OF THE STATEMENTS IS A DEFENSE THAT CAN BE USED BY THE DEFENDANT. 2. The false statements must cause you PROVABLE MONETARY DAMAGES...not hurt feelings but actual monetary damages that a jury can award you money for. For instance, you must prove that as a result of statements made, you were fired from a job, or were prevented from getting a job, lost a business deal. etc.

Slander or libel suits do NOT, however, require proof of these 'special' damages if the statements are defamatory ON THEIR FACE, that is, they FALSELY allege that a person:

1. Committed a crime.

2. Has a loathesome disease.

3. Is guilty of sexual misconduct. or

4. Is incompetent in business.

You will have to hire an attorney to bring a defamation of character lawsuit as a practical matter.

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

 

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