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Experience:  Insurance Defense Attorney
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What constitutes defamation of character legally and what can

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What constitutes defamation of character legally and what can I do about this legally? Would I have to file a Civil lawsuit?
I'm sorry to hear about your situation.

Can you tell me what state this all occurred in? And do you know if the district court judge actually did agree with them or not?
Customer: replied 3 years ago.

This happened in Hawaii and the District Judge dismissed the case without prejudice. My attorney helped settle while we were waiting for the mediator to be freed up. The agreement was to not have any contact with each other or any physical entry to either parties properties. The exception was waving hello.


Customer: replied 3 years ago.

I would still like an answer to my questions when you have the time. Thanks

Customer: replied 3 years ago.
Relist: Other.
didn't answer for many hours

Sorry you have had to wait. Most likely, your expert has not been back online since he initially asked you about your state of residency; however, as it appears that you have been waiting and need an answer, I will go ahead and assist.

The elements of a cause of action for libel and defamation under Hawaii law are:

(1) a false and defamatory statement concerning another;

(2) an unprivileged publication to a third party;

(3) fault amounting at least to negligence on the part of the publisher [actual malice where the plaintiff is a public figure]; and

(4) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication.

Gold v. Harrison, 88 Hawaii 94, 100, 962 P.2d 353, 359 (1998);
Beamer v. Nishiki, 66, Hawaii 572, 578-579, 670 P.2d 1264 (1983)

A defamation claim requires publication to a third party. The interest which is protected is of that reputation, and for tort liability to lie for either slander or libel the defamation must be communicated to some third party other than the person defamed. Runnels v. Okamoto, 56 Hawaii 1, 3, 525 P.2d 1125, 1127 (1974).

I am not sure what your neighbors put in their claim for a TRO or what transpired for them to even be awarded one in the first place; however, if they made false statements to your neighbors about you and it has damaged your reputation, then you would have grounds for a defamation lawsuit. This would be a civil lawsuit that you would need to bring at your local courthouse. I would consider working with the attorney who helped you with the TRO if he does those types of lawsuits.

If you have any further questions, please just let me know. If not, would you kindly leave me a positive rating at this time? It costs you nothing further to do but it is how the site pays me for my time. Thank you so much!
Personal Injury Pro, Attorney
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Experience: Insurance Defense Attorney
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