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I am wondering if someone made slanderous accusation and file paper with child services against you. Not once but twice, Child services investigate found that the claim was false and that their services was not needed. Do I have grounds for filing defamation suit. If not what legal action can I take against the individual
State/Country relating to Question: North Carolina Already Tried: Have sent a cease and desist letter to the other party.
I understand how this would be deeply offensive and make you want to consider what options are available to you. You may in fact have an action for defamation. Let me explain what defamation is and then you can make the determination whether or not it is something you wish to pursue. I am going to provide you information on both slander and libel since they are so closely related and so often confused with each other. Both involve the communication of false information about a person, group or entity. Libel is any defamation that can be seen....writings, printing, effigy, movie or statue. Slander, is any defamation that is spoken and heard. They are civil injuries that harm reputation, cause a reduction in respect, regard or confidence, or cause disparaging, hostile or disagreeable opinions or feelings against an individual or entity. The laws regarding libel and slander are the same. To prevail in a suit for libel or slander and recover damages, you must prove 4 things: (i) the defendant conveyed a defamatory message they knew or should have known to be false; (ii) the material was published (i.e., conveyed to someone other than you); (iii) you can be identified as the the person referred to in the defamatory material; and (iv) you suffered an injury to your reputation as a result of the communication. I hope this has given you the guidance you were seeking. I wish you the best of luck! If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button NOW, so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit. If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you. The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
The situation is in regarding a 16 year old child. Since I am a gay man and close to the child's mother she has asked me to spend sometime with the young teen boy just as a mentor. They have been going through child custody case for the past 6 yrs. The father felt that she allow her son to be put in a dengerous situation by hanging out with me. So He filed claim with Child services in regarding my relationship with the boy. It was investigated, I thought everything was done. Another claim was sent to child services again about me and another one of his child. I went in and spoke to child services and the outcome has been that their action was not needed in this case. I was sapeana by the sheriff officer who contacted my co worker about my where about. I work in the film industry and work with kids on the set all the time. I also worked with nicholdean network, which they do background check dealing with child cases. Knowing a bit more what can I do.
I would recommend that you at least file the suit. It is fairly inexpensive to file and it's amazing what being served with a summons that you are being sued does to cause people to cease and desist because they realize you are now serious and if they aren't careful they are going to possibly end up costing themselves some big bucks. This is your best bet to get them to stop. Whether or not you want to pursue it to the end would be up to you! I hope this has given you the guidance you were seeking. I wish you the best of luck! If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button NOW, so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit. If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you. The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
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