Defamtion in custoday battle

My ex boyfriend and I are going through a custody case. He told my car loan agent that he shouldn't be doing business with me and provided details about our case, the restraining order I have against him and said many derrogatory things about me. My agent called me to make me aware of this - even though he's really not supposed to get involved. Can I take some type of action against my ex for this?
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Ronald K. Phillips

Ronald K. Phillips

Contributor Level 5
Based on the facts here, you probably don't have enough for a successful defamation complaint. I've copied the statutes below, but the short version of this is that if the information was true, was not communicated with the intent to defame you and was not witnessed by 2 other people who recognized those verbal statements as being defamatory, the required elements aren't met.

It might be more effective to ask your attorney to request a stipulation from your ex's attorney that neither of you communicate to unaffected third parties any details of your custody dispute. It's a reasonable request, and if the ex refuses to that stipulation your attorney can file a motion with the commissioner asking for an order to that effect.

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This reply is not and should never be considered
"legal advice." If you need legal advice, consult
a licensed attorney in your state to make sure you
understand both your state and federal laws concerning
your issue. Your attorney will need specific and
complete facts to provide you with legal advice.

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942.01 Defamation .

942.01(1)
(1) Whoever with intent to defame communicates any defamatory matter to a 3rd person without the consent of the person defamed is guilty of a Class A misdemeanor.


942.01(2)
(2) Defamatory matter is anything which exposes the other to hatred, contempt, ridicule, degradation or disgrace in society or injury in the other's business or occupation.


942.01(3)
(3) This section does not apply if the defamatory matter was true and was communicated with good motives and for justifiable ends or if the communication was otherwise privileged.


942.01(4)
(4) No person shall be convicted on the basis of an oral communication of defamatory matter except upon the testimony of 2 other persons that they heard and understood the oral statement as defamatory or upon a plea of guilty or no contest.
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