Can I file charges for slander?

Asked over 1 year ago - Lubbock, TX

My ex wife is telling family, friends and my new girlfriends family that I choked her, broke her wrist, that she had me put in jail and then prison, that I am on probation, and she has restraining orders against me for stalking. Absolutely none of this is true, but it is causing my friends and girlfriends family to question whether I should be allowed at family functions or around their children.

Attorney answers (3)

  1. Matthew L. Harris Esq.

    Contributor Level 10

    2

    Lawyers agree

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    Answered . In Texas, there is a Cause of Action for defamation. Because she has falsely accused you of committing a criminal act, you may sue her for Slander Per Se. If you can show how her lies have damaged your reputation, caused injured feelings, or caused mental anguish, then you may be entitled to general damages. If you can show that she has actually caused you some form of loss (loss of employment opportunity, loss of earning capacity, loss of past and future income) then you may be entitled to special damages.

    However, since she is an ex-wife, and I presume that you two may have children, this may be something that you desire to bring up in an action to modify child-support or custody. Speak to your attorney to find out if this is in your best interest.

    As far as "charges" I presume that you mean "criminal charges." If it arises to the level of harassment, then you may be able to file a police report, but likely your remedy will remain in Civil law.

  2. Jason Luke Dow

    Pro

    Contributor Level 8

    Answered . I agree with the Lubbock lawyer. You should contact him or another Lubbock lawyer for further information.

  3. Jeffrey Ira Schwimmer

    Contributor Level 19

    1

    Lawyer agrees

    1

    Answered . You may want to try and send a Cease and Desist Letter, to see if that will bring an end to her antics. Hire an attorney for the letter, as one from you will have no affect. If that doesn't work, follow Mr. Harris' advice.

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