Legal Question in Civil Litigation in New York
my daughters mom has made false allegations of sexual abuse to gain an advantage in family court. she has done it three time in a year. all have been unfounded and there has never been any credible evidence to support her claim. even still she has run all over town telling anyone who would listen that this is true and used the suspension of my visitation as leverage to make people believe her even though when we get in court the judge lifts the suspension and puts the original order back in place. it is starting to come out that this was done maliciously, and in fact this last time the investigation determined that something may be going on in her home. i would like to know if i have a civil case for defamation slander, and or libel? and what evidence would i need to obtain?
2 Answers from Attorneys
You may have an action for slander. Of course, it depends on what she said and when she said it. If she told people that your visitation was suspended after visitation was reinstated, that statement is false and may be actionable.
What evidence would you need? Sworn written statements from third parties that received and believed the mother's statements.
Mike.
You do have an action for defamation if your ex made the accusations out of court.
Anything she said in court is subject to a privilge. If she made the statements out of court you need to prove exactly what was said, if orally, or a copy if it was written. If your ex falsely accvused you of criminal (felonious) conduct, it would constitute slander per se, which does not require proof of "special damages." If the accusation is more general,and does not amount to an accusation of a felony or morally corrupt behavior, the statement can give rise to an action for slander per quod in which you would have to prove "special damages."Special damages are pecuniary loss proximately caused by the statement, such as loss of a job, or business cancellations, and the like.
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