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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37639
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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While in the presents of three policemen I kissed my step

Customer Question

while in the presents of three policemen I kissed my step daughters goodbye on the cheek. There biological father was also present and said nothing at the time. Today he sent a email to Jennifer my girlfriends attorney with a false accusation of me kissing one of the children in the mouth. She ( Jennifer )is not my attorney and the accusation is false. As I stated, local law enforcement was 3 yards away and looking directly at me. I am a business man and a hard worker with now record. This has damaged my relationship and ended any possibilitie of offering my service to this law office.
Do I have a case?
Eddie O. Griffin ***@******.***
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon Eddie,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

What you are describing would appear to fit the civil cause of action of Defamation. Let me explain.

From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.

1. Slander typically involves an oral (spoken) representation.
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.

In order to win a defamation case, you must prove the following:

  1. A false statement was made about an individual, generally yourself;
  2. The statement was made to a third party;
  3. If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
  4. Finally, you must show that you have suffered damages.

While in some cases of defamation you must actually prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.

The law generally recognizes four types of Defamation Per Se:

1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.

2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse.

3. The third category deals with allegations of sexual deviance or the lack of being a virgin.

4. Finally, damages may be presumed if the false statement of facts affects a person’s reputation in regard to their business or profession.

You might consider suing the biological for Defamation and seek money damages for the damage to your business (you mention offering services to the law firm) as well as for the damage done to your life.

You can file the action yourself if you have the ability, or you can consider retaining a local personal injury attorney to assist you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

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