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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience:  Licensed to practice before state and federal court
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My wife falsely accused me of giving her herpes what legal

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My wife falsely accused me of giving her herpes what legal remedy do I have?

Hello! I am a licensed CA attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I’m very sorry to hear about this case. This to me sounds like a case of defamation. Defamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.) Thus, if she told other people about this and it was not true, then you could bring a suit for defamation. The tricky part will be calculating your damages for such a thing. You may have to try to find out how much a case like this would be worth it to you.

You may want to consider just writing a formal demand letter requesting that she stop and requesting that she pay you damages as a result of her defamation. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

Before you rate, did you have any questions for me regarding this?

Customer: replied 2 months ago.
She only told the nurse that did the testing and I'm listed as the culprit on some health std data base.
Can I sue for divorce and compensation! I've been under emotional stress for over 3 months now waiting to get my 90 day definitive test results which were negative. Threatened with law suit myself.
Customer: replied 2 months ago.
I have been told repeatedly that there is no statue of limitations and she can sue me whenever she wants to.

I'm sorry to hear about that. You could certainly sue for divorce, but in CA you don't need grounds to sue for divorce. It could be for any reason. You could bring a separate lawsuit for defamation against her as well.

Speaking of your emotional distress, you could sue for intentional infliction of emotional distress. This just means that if someone's intentional act causes you severe emotional distress, you could recover for their actions. You could include that in your causes of action.

Customer: replied 2 months ago.
Sounds unlikely I would get any compensation since I did not get herpes having refrained from having relations with and will continue to do so which is another cause for me.

I see what you mean. I'm very sorry that you had to go through this. Did you have any other questions for me?

Legal Eagle and 2 other Legal Specialists are ready to help you
Customer: replied 2 months ago.
No I think we're done here.

The pleasure is all mine! Thank you so much for your positive rating of me!