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My soon to be ex wife and her sister has slammed my name and…

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My soon to be ex...
My soon to be ex wife and her sister has slammed my name and reputation in their families eyes and has caused some psychological issues with me resulting in me getting counseling. Does this sound like a case of slander and defamatiom? Thank you
Submitted: 3 months ago.Category: Family Law
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Answered in 1 minute by:
12/23/2017
Family Lawyer: Loren, Lawyer replied 3 months ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 37,253
Experience: 30 plus years of experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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Family Lawyer: Loren, Lawyer replied 3 months ago

Are they intentionally making false statements of fact about you?

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Customer reply replied 3 months ago
they are
Family Lawyer: Loren, Lawyer replied 3 months ago

You may have a claim to assert for defamation. Actually, you would start with a cease and desist letter to anyone making these false accusations.

If this does not get a retraction, you will need to file suit for defamation. This cause of action is specifically for damage caused to one's reputation. To establish a prima facie case of defamation, four elements are generally required:

1. a false statement purporting to be fact concerning another person or entity;

2. publication or communication of that statement to a third person;

3. fault on the part of the person making the statement amounting to intent or at least negligence (the person knew the statements were false or exhibited a knowing and reckless disregard of the truth or falsity of the statements when making them); and,

4. some harm caused to the person or entity who is the subject of the statement.

This involves complex litigation and it is strongly advised that you retain local counsel to assist you in protecting your rights before taking any action in court for this matter. Also, any cease and desist letter will carry more impact on attorney letterhead.

If you want to send your own cease adn desist letter, here is a link to a template you can modify for your own situation:

CEASE AND DESIST

If you need assistance in finding an attorney, contact your state or local bar association. You can also try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database of attorneys searchable by location and specialty.

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Customer reply replied 3 months ago
They intentionally gave false and misleading information to family members to turn them against me.As I have no family in the area, my family has been my soon to be exes family.They have been family to me for over 25years.
Family Lawyer: Loren, Lawyer replied 3 months ago

Unless it is defamation per se, you will need to show actual financial damages caused by the defamation in order to have a viable claim.

If you can show that then you should retain counsel and assert your claim.

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Family Lawyer: Loren, Lawyer replied 3 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Family Lawyer: Loren, Lawyer replied 3 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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