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Going through divorce with 3 little girls (4,3 &1). My husband's 2 little brothers(15 & 16) are being charged with

Gilbert, AZ |

Giving Harmful Items To a Minor via the Internet. The victim is my 4 year old daughter. My husband is allowing his brothers (predators) in his home for overnight weekend visits because they live out of town. My husbands parents are very aware of the charges and think this is not a big deal. My husband is telling CPS, Police Officers and Detectives that I am coaching her. We all know kids don't lie and the boys wouldn't of been charged and the case would never of went this far. What law is husband breaking by allowing contact when open active investigation in process. Can I sue for Defamation due to his accusations in all reports?

Attorney Answers 5


  1. Since you are going through a divorce, you might want to consider getting an emergency temporary order to keep the brothers away and protect your daughter while this is being sorted out. Also, this was posted in the family law area. You may want to post in criminal regarding whether an additional law was broken and a civil defamation area regarding suing for monetary damages. However, from a family law point of view you maybe would want to focus on protecting the child at this point, in addition to suing civilly or having charges being brought against the ex. This sounds like a complicated situation where it would be helpful to have a family law attorney to guide you.

    THE INFORMATION CONTAINED HEREIN IS INTENDED AS GENERAL INFORMATION ONLY. IT IS NOT LEGAL ADVICE, NOR IS IT INTENDED TO BE RELIED UPON AS SUCH, AND IS NOT INTENDED TO ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. IF YOU HAVE A LEGAL QUESTION, CONSULT WITH AN EXPERIENCED ATTORNEY.


  2. I added some additional tags for you to try to get some other answers. Good luck


  3. If you do not have a divorce attorney then you need one ASAP to help protect your children.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  4. What you describe here is:
    1) A very serious criminal investigation against your husband's juvenile brothers;
    2) A very complicated and sensitive divorce case;
    3) A Child Protective Services case that has the potential to lead to a Dependency case.
    All three of these things, independently of one another, carry the threat of devastating consequences.

    To bring a law suit for Defamation, you would have to prove:
    1) False statements made about you;
    2) False statements about you were published;
    3) False statements, published, caused actual damage to you.
    This is generalized, there are some exceptions.
    Truth is a defense in a Defamation case.

    The first thing you should do is consult with a family lawyer who can help you sort all of this out. Your obvious priority is to protect your children from harm. If a valid and worthwhile Defamation claim surfaces, ask your family lawyer for a referral to a lawyer who can handle such a claim.

    God bless!

    NONE OF THE INFORMATION PROVIDED HERE IS MEANT AS, NOR INTENDED AS LEGAL ADVICE. THE LAW IS CONSTANTLY CHANGING AND INFORMATION DISCUSSED IN THIS BLOG CAN BECOME OUT-DATED WITH THE PASSAGE OF TIME. IF YOU HAVE A LEGAL ISSUE AND NEED LEGAL ADVICE, CALL 623-936-1901 FOR A CONFIDENTIAL LEGAL CONSULTATION WITH AN ATTORNEY.


  5. Best bet is to sit down with a local family law attorney to formulate a game plan.

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