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My daughter is suing her spouse for custody of her 2 boys.

My daughter is suing...

My daughter is suing her spouse for custody of her 2 boys. Someone texted her she should break a window at her house and blame him. She is very afraid of him and whoever saw texts actually did it. She sued her ex for cameras she had to put in so the boys could see everything going on outside. They were afraid they would be kidnapped. Both texts were denied. She goes to an Atty tomorrow. Should she admit taking the advice of a friend and letting someone see it? What will happen to her friend who texted her with the suggestion and to her although she did not damage the house?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

Her ex attorney sent the lawsuit to his atty. my ex said he had an alibi and 5 1/2 mo this later he produced fake receipts from a beer joint and said he was there.

Lawyer's Assistant: Have they talked to a lawyer about this yet?

Actually the lawyer dropped her once those texts appeared.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think this explains it. What will a judge do to the friend and her although she didn’t damage anything?

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Customer reply replied 3 months ago
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3/26/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,038
Experience: Partner at Kent Law Group, LLC
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I'm not quite understanding what you mean by "[s]hould she admit taking the advice of a friend and letting someone see it?" See what? Did she actually break the window and say he did it? It seems as though you wrote that she didn't actually take the friend's advice - is that correct?

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Customer reply replied 3 months ago
No she didn’t break the window but she sued her ex and blamed him when he didn’t do it. Should I drop the suit?

Okay, so you wrote that "she didn't break the window" and then you wrote "should I drop the suit"... are you the "she" referenced above... meaning, are you talking about your own situation. It doesn't much matter to me ... I just need to know whether I should say "you" or "she" when answering your question.

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okay, so you accused your ex of breaking the window... did he find out?

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Customer reply replied 3 months ago
he did

And she's suing him for custody? Or damage to the house??

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Hello? Are you there?

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I'm sorry - I'm still not quite sure what you're asking me and since it is 12:40 AM I will be logging off. If you could please provide a clear question I'd be happy to respond in the morning.

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Customer reply replied 3 months ago
Let’s start over. My daughter is being sued for custody of her 2 children by her ex husband. She in turn is suing her back.
I texted her somebody should break her window and blame it on her ex husband because he had been stalking her and she was afraid of him. Her window was broken, the police wrote a report with her ex husband as the prime suspect. And my daughter sued her ex husband for tresspass, for all the cameras she installed after the window was broken. She did not break the window and neither did I. Our attorney after reading the text exchange dropped her as a client. Who is in trouble here? Me or my daughter. Is it better to plead guilty of writing that text? I’m sure he will file a suit for slander. Our attorneys report saying my daughter lied to him is going to be filed today to my ex husbands attorney and my ex-husband will see the texts. Best thing to do? Hire a criminal attorney, deny I wrote the text and drop the tresspass suit?
Customer reply replied 3 months ago
I am a member.
legalgems
legalgems, Lawyer
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If a party files a suit for slander, that is actually a civil suit, not a criminal suit, so there is no need to plead guilty or not guilty.

Rather the party alleging the slander must prove those elements, and the defending party would attempt to dispute those allegations.

Slander and Libel are forms of defamation (slander is oral, libel is written).
Basically a defendant can be liable for defamation if the defendant
1. publishes a statement
2. to a third party
3. that puts plaintiff in a false light
and
4. plaintiff suffers harm as a result of the false statement.
There is defamation per se-meaning that malice and damages generally need not be proven, as the statement is so hurtful/derogatory they are assumed to be damaging.
These involve statements that address:
1. chastity (so sexual misconduct)
2. criminal misconduct
3. indiciating a person had a loathsome or contagious disease
or
4. conduct that is inconsistent with one's profession or business.

The courts do allow for opinions to be expressed in most circumstances but it must clearly be an opinion as opposed to a fact/statement.

Now if a person is accused of damage to a third party's personal property or real estate, that can result in criminal charges; but a person cannot be prosecuted for damaging their own property.

In criminal cases the burden is on the state to prove-beyond a reasonable doubt-that the accused committed the offense for which they are accused of.

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