Thank youCustomerfor your reply to my questions.
In Alabama the statute of limitations of a defamation of character cause of action (which covers slander and libel) is two years from the date of injury.
Now to sustain a winning case for defamation, the plaintiff is required to present proof of the following elements:
- A false and defamatory statement concerning another;
- The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
- Damage to the plaintiff
Defamation causes of action are difficult to prevail when there is no evidence of damages sustained that can be measured by a monetary amount. You claim you sustained emotional damage...this would require proof of medical treatment, counseling or other medical confirmation to confirm that your emotional damage was related to the actual and proximate cause of his conduct. If you would have sustained job loss, that would definitely be damages you can recover. Damage to your reputation would only be evidence if you lost your job or were not promoted because of what your ex husband did. So evidence is required to show damages and all three elements are required to win your case.
So if you can present evidence of your damages then I would agree that you can sustain a winning case for defamation.
As to how this can damage your son. If he is aware of what is going on, it can affect him as a child rather not see his parents fighting all the time. If this is in regards XXXXX XXXXX issues, if the child's emotional well-being is not affected by your ex's behavior, the court will leave custody as is (if that was your question).
If you believe you have a case, then you need to have a personal injury attorney review your evidence and to represent you because defamation causes of action are very complex and difficult to prevail.
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