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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33397
Experience:  Began practicing law in 1992
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I am a firefighter in California. My ex-wife is upset that

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I am a firefighter in California. My ex-wife is upset that I'm not willing to switch my sons school district to her area (5 minutes away). I'm looking out for my sons best interest as he is happy where he is at. She is only concerned about her own convenience, not our sons best interest.
Being vindictive, she has brought me to court accusing me of drug use. The court had me get drug tested. 2 months later, we had another court date to review the NEGATIVE results. 1 week before this court date, she actually called my work to report that I have my medical marijuana license and am 'possibly' using at work. My employer opened up an internal affairs investigation and concluded that there was no issue.
When we went to last court appearance to review results, I mentioned to the judge that she had called my work with these allegations (she then lied to the judge about calling) and the judge sensed her dishonesty, yelled at her and her attorney and closed the case. They were told to never come to court with this issue again.
I informed the internal affairs investigator about the court ruling and her lying about calling. The IA investigator informed me that she couldn't put it in writing that she was the one that called but would be happy to be a witness in court and would reveal her as the 'whistle blower' if the judge asked.
I didn't suffer any real financial damage, its more about my reputation at work and time spent defending myself as I did not use a lawyer.
Do I have a case for slander or defamation of character?
Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

Do you have a case? Yes.

Unfortunately, the real question is do you have a case that is economically viable and the answer to that is "probably not".

I have no doubt that you would win a case based on the facts you have given. However, you would almost certainly have to pay an attorney up front, attorney's fees are not a recoverable element of damages in slander cases, and without specific monetary damages (i.e. you lost a job, etc) then you are unlikely to recover enough money to justify the case time and expense.
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