QUESTION
Do I have a strong case for defamation of character and slander if someone is posting false accusations against me online?
Asked on Aug 08th, 2012 on Personal Injury - California
More details to this question:
My fiancee is divorced and his ex wife has called the police and reported things about me and him that are false. She has stated to them that I have beaten her children, whom I met one time around family, that I manufacture drugs in my home, which led to a search of my home, that my fiancee has beaten, raped and molested her and their two children and a few other things. All of these things were investigated by a Bardstown, KY detective and the children were interviewed by counselors who all agree these reports are 100% false. Since then she has posted all of these accusations as fact on several online forums with his name and personal information, openly stating she is the one saying these things. our question is do you believe we have a case for things such as defamation of character, slander, falsifying police reports etc? Being uneducated in any area of law I am unsure how to proceed with any of this if we have a case.
17 ANSWERS
Bruce Arthur Plesser
Not unless you can prove actual damages.
Answered on Jun 28th, 2013 at 9:47 PM
Dennis P. Mikko
Your fiancee may have a claim, however, if he was to prevail, can his ex-wife pay any damages. Typically, ordinary insurance will not cover such a claim. Your fiancee should consult with an attorney who may be able to seek help from the court within the divorce proceeding to stop his ex-wife from taking further action.
Answered on Aug 14th, 2012 at 5:42 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Unless you have pecuniary damages, you have no case.
Answered on Aug 14th, 2012 at 5:42 PM
YES. Also . . .you could file a PPO to stop this harassment. THEN SUE!
Answered on Aug 14th, 2012 at 5:42 PM
You may have a case although I am not licensed to practice law in KY so I'll express on opinions about KY law. In Iowa you would; but you have an alternative way of proceeding. In the past for client's I've reported the slanderous remarks to the web site's owners and they have either suspended or deleted that person's account. With FB that is really painful for some people but gets their attention to knock it off. I suspect all you really want is for her to leave you alone. That should do the trick.
Answered on Aug 14th, 2012 at 5:42 PM
Internet postings are regarded as evidence. Those statements would be considered libel written form of defamation. Damages are presumed you don't have to prove damages. Judges or juries decide the factual basis of it all and award damages. Proofs would be in how and monetarily now you are damaged. Lots of paperwork, here.
Answered on Aug 14th, 2012 at 5:41 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Based on what you have written here, you do have a case. But: would she have the resources to pay you anything? Would she stop what she's doing, or would a lawsuit make it worse?
Answered on Aug 14th, 2012 at 5:39 PM
Ronald A. Steinberg
You absolutely do have the right to sue for defamation of character. Copy all of the offensive information and print it out. Then, send her an email demanding that she cease and desist from any further activity. If she continues, then you can sue her for punitive damages. Then, get yourself a good lawyer who can handle the case. Be prepared to prove damages. That is, get medical information from your treating doctor(s) who have to treat you for the emotional aspects of having your name dragged through the mud. Good luck. Such a claim is not usually covered by insurance, because it is an intentional act. So, you may get a judgment, but unless she has any money or other assets, you are going to have a problem collecting the judgment.
Answered on Aug 14th, 2012 at 5:38 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You probably have a good case to hold her liable. The problem is, if she doesn't own anything, all you can do is get a judgment against her that you will never collect. Such a suit might shut her up, but you will probably need to pay and attorney to take the case rather than have an attorney take it on a contingency fee.
Answered on Aug 14th, 2012 at 5:38 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Wow! It really sounds like you guys have a very volatile situation. Unfortunately, because it appears that these acts have occurred in Kentucky, I can not give you any advise as to your legal rights or the possible recourse that you may have. I am only licensed in Louisiana and Mississippi. I strongly urge you to call a local attorney to see what options that you guys have. Many states now have anti-bullying statutes and statutes that deal with false information being spread over the internet. Of course, in most states there are still slander and defamation laws which may apply here. Good luck with everything.
Answered on Aug 14th, 2012 at 5:37 PM
I cannot comment on Kentucky law. You would under Florida law.
Answered on Aug 14th, 2012 at 5:37 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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From the information you provided, it appears that you and your fiance do have a civil case for slander and libel (not defamation). You can sue the perpetrator in New York courts, even if she is in KY. Collecting on a judgment against her might present some difficulties, but, at least, you can get a restraining order against her (and against the companies that are running those forums if they do not take down her posts). Another possibility would be making a criminal complaint against her with the district attorney's office where she lives. Making a false police report is, surely, a crime, as well as harassment. The prospect of criminal prosecution might persuade your nemesis to stop more effectively than a civil suit in New York.
Answered on Aug 14th, 2012 at 5:37 PM
Personal Injury Attorney serving Beverly Hills, CA
Partner at
Engelman Law, APC
It does sound like you would have a case for defamation if you can prove these allegations are false and she has knowledge of their falsity. Does this woman have assets that you can recover from if a civil case were to be filed against her?
Answered on Aug 14th, 2012 at 5:37 PM
Your husband and you should consult with a lawyer who handles DEFAMATION cases for specific legal advice and direction.
Answered on Aug 14th, 2012 at 5:36 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you have defined a cause of action. I would ask what your think you might be able to collect if you won the case, I suspect nothing, Hire an attorney and have and injunction or personal protection order entered, and then, if she violates it, have her prosecuted.
Answered on Aug 14th, 2012 at 5:33 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Hell hath no fury like a woman scorned . I believe Mr Shakespeare said that first. You can surely sue this lady and likely win. But does she have property the sheriff can attach to pay the judgment? Probably not. You might wind up spending a lot of money and time and getting a judgment you can frame but not spend. First , go to the tax office and the courthouse and see if she has any property in her name which might stand good for your claim.
Answered on Aug 14th, 2012 at 5:19 PM
Employment Law Attorney serving Elk Grove, CA
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Law Offices of Linh T. Nguyen
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Based on what you described, it sounds like you do have grounds for a defamation suit. You should consult with an attorney right away. Most attorneys give free consultations so take advantage.
Answered on Aug 14th, 2012 at 5:05 PM