QUESTION
Not sure if it is comsidered defamation or slander
Asked on Dec 28th, 2017 on Civil Litigation - Florida
More details to this question:
My sister recently divorced in september. On Christmas day her ex sent a multitude of emails to my spouse making deragotory comments about my being unfaithful before and during my marriage. Insinuating that my spouse may not be the father of our child, for all he knows he could be the father. He tried to entice my spouse into fighting. My spouse remained calm and appropriate in his resonses to my ex brother-in-law. Obviously we are very troubled by all these horrible accusations. My spouse though does not believe these things is human and troubled by it all. Our last few days since Christmas have been horrific. My spouse and i went to the viera clerk of courts and filed a domestic violence injunction and today found out that it was denied. We filed because we know this individual is dangerous and we do not want him to have any comtinued contact with us. He has a recent repeat violence charge (May 2017) and was made to take anger management classes. He has a large quantity of guns
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
"Insinuating that my spouse may not be the father of our child, for all he knows he could be the father. " THAT type of issue really goes to the core of the inquiry about "defamation" combined with the perhaps inadvertently omitted denial of the allegations of infidelity. To be clear, making allegations alone is not actionable at all, nor is telling the truth on someone, even with a mean spirit. Now assuming the allegation ARE FALSE then you would possibly have a defamation or some similar type of lawsuit against the ex-brother in law. As such lawsuits are typically very expensive to fund, you will need to weigh the cost vs the situation as to whether such a lawsuit is viable.
Answered on Dec 29th, 2017 at 7:02 AM
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