How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39172
Experience:  Retired (mostly)
Type Your Legal Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Can I sue for defamation of character for false allegations

Customer Question

Can I sue for defamation of character for false allegations made about me on a temporary restraining/stay away order?
Submitted: 7 years ago.
Category: Legal
Expert:  socrateaser replied 7 years ago.
In which state jurisdiction was the order issued?

Is it a permanent order (have you had the final hearing)?

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney (or, for the purpose of obtaining debt relief counseling under the U.S. Bankruptcy Code); (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Customer: replied 7 years ago.
The state is California & the order expires in August 2011.
Expert:  socrateaser replied 7 years ago.
Were/are you married to the other party?
Customer: replied 7 years ago.
No, I was never married to the party.
Expert:  socrateaser replied 7 years ago.
Okay, thanks for the additional info.

Under Cal. Civil Code § 47, defamatory statements made as part of a legal pleading, including a temporary restraining order (TRO) are absolutely privileged from suit for defamation, regardless of how reputationally injuring the statements may be.

However, if a party can prove to the court that the statements by the other party were false at the time they were made, then the injured could ask the district attorney to prosecute the other person for perjury -- and, the injured party could have the TRO set aside on grounds of fraud.

Hope this helps.