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I have an issue with a parent of a student that attends the

same high school as my...
I have an issue with a parent of a student that attends the same high school as my son. I made a decision last week to no longer allow my son to hang out with the other student on a personal level. Since, this said parent has contacted the school and my work with false alligations. I attended a school meeting today where the school has agreed that my son has zero liability in the accusations that are being stated and the school has in their possesion a written statement from another student (and some text messages from the father of the other student) stating that the said father is having other students assist him in filing these false alligations. The students have come forward to the school and have admitted that they were afraid to not go along with the plan of this said father and have told the lies to the school and the school's in house police officer. Per police they cannot do anything about it cause I am not being threated physically. Can I take these signed dispositions and have a case in small claims court perhaps to force an order to make him stop or attempt to sue him for something that will make him stop. Basically looking for any direction that I can go with this that will make him stop calling my work and the school with these false alligations. The school is not longer taking him seriously, however due to my employment I need this to not continue any longer and there seems to be no recoarse legally to make him stop.
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Answered in 6 minutes by:
12/12/2012
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
Hi,

Thank you for your question.

Have the false allegations caused you any monetary damages?

I look forward to hearing back from you.

-ZDN
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Customer reply replied 4 years ago


Only the fact that I have had to be out of work in order to set everything straight. However with that said, I can use a sick day and get paid for the time that I am out. Basically the only thing that it has and continues to cause is the stress of trying to fix everything, get my child back into school and off of "temporary suspension" while the school was figuring everything out and my worry that by going to my employer with these false alligations will cause other harm.

Thank you for your response. Because you do not have damages, the type of legal claim that you have is called defamation, which is a claim that allows you to sue for false allegations which injure your reputation. Since the remedy you are seeking is actually an order from the court to stop the person from making further false allegations about you, you cannot file the lawsuit in Oregon Small Claims Court. Rather, you must file it in Oregon Circuit Court.

Usually, attorneys are needed to file such lawsuits, as the circuit court operates according to the rules of civil procedure and the rules of evidence. It is not absolutely required to be an attorney, but if you file on your own, you have to work pursuant to these rules, which can be complicated.

Is filing in the circuit court something you are prepared to tackle on your own?

-ZDN
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
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TexLaw
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TexLaw, Attorney
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