QUESTION

do i have a case my girlfriends exhusband has taken her kids by slanering me in public and in court documents. saying I'm a meth addict and domestic a

Asked on Oct 15th, 2013 on Libel, Slander and Defamation - Nevada
More details to this question:
I hhave ccustody oof mmy sson aand sshare jjoint  custody oof mmy ddaughter.
Report Abuse

1 ANSWER

R. Christopher Reade
The publishing of false facts is the foundation of defamation. An action for defamation requires: (1) a false and defamatory statement; (2) an unprivileged publication to a third person; (3) fault, amounting to at least negligence; and (4) actual or presumed damages. The first element is often the hardest to prove, which is that the statement was a false statement of fact. Truth is a defense to defamation. The second issue is that (except in a few limited cases) you are required to show damages, which means some loss which you have suffered as a result of these lies.   If your girlfriend's children were taken but you still have custody of your children, you may not have direct damages. You cannot sue for defamation for statements in judicial proceedings.  In Fink v. Oshins,118 Nev. 428 (2002), the Nevada Supreme Court discussed the rule that communications uttered or published in the course of judicial proceedings are absolutely privileged.    This absolute privilege is absolute: precluding liability even where the defamatory statements are published with knowledge of their falsity and personal ill will toward the plaintiff.  The defamatory communication need not be strictly relevant to any issue involved in the proposed or pending litigation,  it only need be in some way pertinent to the subject of controversy.   The privilege applies to communications made during actual judicial proceedings as well as communications preliminary to a proposed judicial proceeding.  The scope of the privilege does have limits. When the defamatory communication is made before a judicial proceeding is initiated, it will be cloaked with immunity only if the communication is made in contemplation of initiation of judicial proceedings.  Within this limit, courts apply the absolute privilege liberally, resolving any doubt “in favor of its relevancy or pertinency.”
Answered on Oct 15th, 2013 at 3:43 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters