QUESTION
Ex-husband told judge in court that I needed psychiatric help. He had just been awarded reduction in support payment; comment was malicious/unnecessar
Asked on Nov 06th, 2013 on Civil Litigation - New Jersey
More details to this question:
Suing for defamation of character. At a child support hearing, my ex-husband said in court to the judge that I "need psychiatric help". As everything is recorded in a court, this stands to hurt my reputation as a fit mother and therefore is harmful to the well-being of my status as a good mother. This was a severe blow to my confidence, as I had just lost the child support case for which we were in court. In addition, as he is aware of, I am out of work with no income, and my self-assurance and dignity were damaged by this comment. This comment was highly insulting and may permanently damage me in this fragile state I am in. What do you think of this incident; do I have a chance for a case in court? Thank you.
1 ANSWER
No, for several reasons.
Comments made in the course of a litigation are privileged unless they are absolutely irrelevant to the proceedings. Although you may consider the statement malicious and unnecessary (I don't disagree), it doesn't meet that very broad standard.
Also, a comment that you need psychiatric help is, a statement of opinion, not fact, and is therefore not actionable.
Also, you have no monetary damages. There are certain types of defamatory comments which can give rise to a claim even without money damages (these types of oral statements are called slander per se), and it is possible that this comment could fit into that category, but it may not.
Answered on Nov 07th, 2013 at 12:50 PM