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I divorce last year, during divorce process my ex-wife

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Hello! I divorce last...

Hello! I divorce last year, during divorce process my ex-wife permanently told defamatory lies to business associates and employees to damage my reputation. After divorce decree she continue to do so. In my kind of business reputation is ALL.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Have you talked to a lawyer yet?

Hello, I have mentioned it to my divorce attorney but have not given me concrete answers or course of action

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to find a way to stop her of damaging my reputation and to make her write a letter telling the truth of all to all people she has told lies to

Submitted: 7 months ago.Category: Family Law
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Answered in 5 minutes by:
10/5/2017
Family Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,928
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

I am sorry you are having to deal with this especially after you thought that part of your life was done with.

Fortunately there is recourse for defamation.

Slander and Libel are forms of defamation (slander is oral, libel is written).
Basically a defendant can be liable for defamation if the defendant
1. publishes a statement
2. to a third party
3. that puts plaintiff in a false light
and
4. plaintiff suffers harm as a result of the false statement.
There is defamation per se-meaning that malice and damages generally need not be proven, as the statement is so hurtful/derogatory they are assumed to be damaging.
These involve statements that address:
1. chastity (so sexual misconduct)
2. criminal misconduct
3. indiciating a person had a loathsome or contagious disease
or
4. conduct that is inconsistent with one's profession or business.

The courts do allow for opinions to be expressed in most circumstances but it must clearly be an opinion as opposed to a fact/statement.

The remedies are:

1. sending a cease and desist letter and requesting a retraction

2. if ignored, filing in court for a protective order precluding the person from making defamatory comments. Violation of a protective order has both civil and criminal consequences.

3. sue for defamation-for actual damages (ie loss of business) and possibly punitive damages (designed to punish the defendant) and emotional pain and suffering.

There is what is called "defamation per se" and that means damages are presumed (versus requiring the plaintiff to prove them) when the defamation deals with one's business reputation.

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

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Thanks!

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