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I wish to inquire about a possible defamation case. I reside

Hello, Yes, I wish to...
Hello, Yes, I wish to inquire about a possible defamation case. I reside in Albuquerque, NM
JA: Because laws vary from place to place, can you tell me what state you're in?
Customer: New Mexico
JA: Has anything been filed or reported?
Customer: Not on my end
JA: Anything else you want the lawyer to know before I connect you?
Customer: No Thank you
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Answered in 5 minutes by:
8/19/2017
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55,869
Experience: Attorney with 29 years of experience.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Customer reply replied 3 months ago
I have a friend who is a single mother of three children, ages 3 - 7. I help her with handyman type work around her new house. we have been friends for nearly 10 years. She is currently in a court battle with the biological father of her 3yr old daughter for child support enforcement. On August 4th, I received a text from her stating that the father of her 3-year-old accused me of being a child molester and that he did not want me around their daughter. This accusation is totally false and without bias. I am retired military and have honorably served my country for 25 years, gone to war 6 times. I would never, ever consider harming a child, that is a disgusting and vile accusation and could destroy my military and civilian career.
My question is: Is there a legal path I can take against this person who made the accusation? I appreciate any assistance with this sensitive matter.V/R,
Michael Conroy
Customer reply replied 3 months ago
The biological father was married to another lady at the time of the child's conception.

Thanks for your response. Yes, you absolutely would have a cause of action for defamation. Let me first explain what constitutes defamation. I am going to provide you information on both slander and libel since they are so closely related and so often confused with each other. They are civil injuries that harm reputation, cause a reduction in respect, regard or confidence, or cause disparaging, hostile or disagreeable opinions or feelings against an individual or entity. The laws regarding libel and slander are the same. To prevail in a defamation suit for libel or slander and recover damages, a person ("Person A") must prove 4 things: (i) another person ("Person B") conveyed a defamatory message they knew or should have known to be false; (ii) the material was published (i.e., conveyed to someone other than Person A); (iii) Person A can be identified as the person referred to in the defamatory material; and (iv) Person A suffered an injury to Person A's reputation as a result of the communication. Your facts would satisfy all the foregoing elements. Typically, before actually filing the suit, you would send them a letter detailing the situation and demanding that they: i) retract all prior defamatory statements made, ii) pay you a specified amount to compensate you for the past defamatory actions, and iii) cease and desist from making any in the future. In my experience, the letter is generally sufficient as the offending party will comply with your demands rather than risk the costs of a suit they are sure to lose, the actual and possibly punitive damages that may be imposed by a court, and the judgment being on the record.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55,869
Experience: Attorney with 29 years of experience.
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

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Richard
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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