Legal Question in Criminal Law in California

defamation of chararector

i am being accused of abusing my step son by his father. in court papers and by police. same conclusion each time, no abuse at all. his real father is causing me so much stress. can i file for slander?, libel?,defamation of character? thank you


Asked on 7/09/07, 5:24 am

3 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: defamation of chararector

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is that anyone can sue another person. However, if the statement was only made in court papers, or to the police, the judicial immunity may apply, which could cause you to lose your case. Even more importantly, to win a case for slander, libel, or defamation, you have to prove that other parties heard the information, acted on it, and that it caused you monetary damage, like the loss of a job because of your damaged reputation.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.

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Answered on 7/09/07, 2:16 pm
Terry A. Nelson Nelson & Lawless

Re: defamation of chararector

False police reports in your situation could give you grounds for civil suit for 'intentional infliction of emotional distress', but you need to consider the costs of suit versus the likelihood of getting enough money from him to pay the attorneys fees incurred. Unless he has money and assets, you're wasting your own money unless you do this on 'principle' and it works to stop him.

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Answered on 7/09/07, 4:27 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: defamation of chararector

You may have a cause for filing a false police report with malice. Contact me directly.

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Answered on 7/09/07, 12:28 pm


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