Home > Research Legal Advice > Libel / Slander > Can I sue someone for defamation of character against A minor?
Asked 10 months ago - Los Angeles, CA
FlagI am in California, in compliance w/any and all laws within my state, Can I sue someone for defamation of character? I am currently a foster mom & my foster son is being accused of crimes that he has not committed, I am certain that these accusations are false and the reasons for that is; a case has been opened and then quickly closed in regards to one of the accusations that could not be confirmed for lack of evidence after interviews with all children involved, the person that initiated these terrible and false accusations is a horrible person that will not stop making his life a living hell for her own pleasure, I have reached the end of my ropes and will do anything possible for it to stop any advice will help I love my foster son, he is a great kid and I want to help him.
Defamatio & malacious prosecution are fact specific and difficut. Stated opinion or complaint to authorities which is not prosecuted beyond an initial investigation are not going to survive. Restraining orders are difficult matters in this tyope of case because they involve speech. There is that very cherished 1st amenment right. Personally, I do not believe in ceasse and desist letters. They are much like threatening to shoot someone with an unloaded gun..
I agree with Mr Lassen that you should probably speak to an attorney. primarily to formulate an approach to this person. You will need copies of what has been provided to authorities and said else where.
As to your question, YOU cannot sue directly yourself. The minor can sue and you could be appointed by the court as his guardian ad litem.
If the accusations are false, they will likely not hold water. Get a local lawyer to send the person a cease and desist letter, and get a restraining order if there has been any threats or harassment.
The answer does not create an attorney-client relationship and is for informational purposes only.
Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102
215-510-6755
http://www.InjuryLawyerPhiladelphia.com
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