couple in church in divorce. one party has slanderd, pastors, church, , all over or county. do we have any recorse in this matter
can't talk to the party everything you say gets twisted. we try to stay out of it, pray
Who is we? What do you mean by slandered? What state are you in?
we are pastors, we told them to divorce, we did everything to distroy thier marriage, trying to keep granparents from the children, we break every body who comes to church, hiding money for the other party, people have left the church because of this, etc TN
Give me a few minutes to put your answer together.
Libel and slander are both forms of Defamation. Libel is written defamation, and slander is spoken defamation. The basis for an action for defamation, whether it be slander or libel, is that the defamation has resulted in an injury to the person's character and reputation.
To establish a Prima Facie case of defamation in Tennessee, the plaintiff must establish that 1) a party published a statement, 2) with knowledge that the statement was false and defaming to the other, or 3) with reckless disregard for the truth of the statement or negligence in failing to ascertain the truth of the statement.
Since a statement must be factually false in order to be actionable, comments upon or characterizations of published facts are not in themselves actionable. If the published facts being commented on are true and nondefamatory, the writer's comments upon them are not actionable, even though they are stated in strong or abusive terms.
A statement of opinion is actionable only if it implies the allegation of undisclosed defamatory facts as the basis for the opinion. Conversely, where there is no false representation of fact, one may not recover in actions for defamation merely upon the expression of an opinion which is based upon disclosed, nondefamatory facts, no matter how derogatory it may be.
"Publication" is a term of art meaning the communication of defamatory matter to a third person.
Damages from false or inaccurate statements can no longer be presumed; actual damage must be sustained and proven in all defamation cases.
The type of statements you describe certainly could rise to the level of defamation. However, defamation cases are some of the most complicated and hard to win. You need to take advantage of the free initial consultations that most plaintiff's attorneys provide and have someone evaluate your potential case and the collection ability of any judgment you could obtain. A good civil case consists of 1) a cause of action (which you seem to have)... 2) damages (which you must determine some way to measure your financial damage)... and 3) a solvent defendant who can pay the judgment.
Feel free to reply.
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ok thanks we have had phone calls threats, ( which Sheriff has taken care of this),we have been followed. we have been raged at when we are seen in public, This is just the tip of it. Sounds strange but it is effecting our health. Tried to disrupt prayer service( filed sheriff report). The only reason we would do this is hopefully they would stop.
the boy that is getting a divorce lost his 1st wife(2years ago) and has three children, They have torment them. Thanks for your help. Sorry to ramble on.
Good heavens! I cannot imagine... you could also speak with your local district attorney's office or police dept about them filing harassing phone call charges or disorderly conduct charges against them. It will be easier and would not involve you having to file suit.
Over 11 years in practice as a litigator ... civil and criminal
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