Can you sue you ex for making thing up in family court?

Asked over 1 year ago - Van Nuys, CA

my ex has an extremely talent for making things up in court. I would like to know if I can sue her for Slander, defamation and anything else to put a stop to all of this nonsense and waist of money. Are there any punitive damages that I can receive for this act?

Attorney answers (4)

  1. Christine C McCall

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . California law prohibits defamation actions for statements made in the course of litigation and in court. One of the policies behind this law is that you are already in court and that is a good place to raise your allegation of untruthfulness and get it resolved, without an ancillary proceeding. Imagine if every case spawned a second case by the unsuccessful party for false statements! The system would collapse.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Regina Powers Hunter

    Contributor Level 16

    7

    Lawyers agree

    Answered . It is unlikely a rewarding financial recovery would be made.

    Gina Hunter

  3. Michael Raymond Daymude

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Probably not. The litigation privilege applies. See my blog post of just a few days ago: Litigation Privilege Exception: Statement Concerning Third Party in Dissolution Proceedings
    https://www.mrdaymude.com/litigation-privilege-...

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  4. Henry Lebensbaum

    Contributor Level 20

    5

    Lawyers agree

    Answered . It is very hard and you should consult an attorney.



    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
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