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Can I sue my mother for defamation for writing lies in a declaration for family court?

Santa Clara, CA |

My mother was abusive when I was a child and she has embellished or made up lies and submitted them to the court via a declaration and in emails to my soon-to-be ex's lawyer in hopes that my husband will get custody of my 2 young daughters (she fears I won't let her see them if I get custody).

Attorney Answers 4


  1. If you have proof that she is lying under oath she may get reprimanded. Otherwise this does not qualify as defamation.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  2. No. Whatever is contained in a declaration submitted for court is absolutely privileged and is not a basis for a lawsuit.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.


  3. Generally statements made in a judicial proceeding that have a relationship to the proceeding are absolutely privileged. That privilege extends to non-parties such your mother. You should consult with a family law attorney who can assist you in preparing declarations and other evidence opposing the statements contained in your mother's declaration. Good luck.


  4. No, if she is writing a document to the Court, she may not be sued for Defamation. However, she may be impeached with evidence to the contrary. Let's say you have a police report regarding her abusive behavior, you may be allowed to introduce into evidence that document to impeach her. Otherwise, it is he said-she said. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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