How do I know if I have a case for Slander

Asked over 3 years ago - Cullman, AL

My husband and his ex wife accused me child abuse their two children, my husband got EX Parte Protection order aginst me, I lost my home so I was homeless and he told everone at his work place I abused his two children that he had to get a protection against me, One of the women that works with him her little girl is in my class I teach preschool. She told me she heard every one at her office saying I abused his two children. I file a hearding, we went to court with all the witness and hard proof the Judge ruled it was just all of it was just lies, the Judge agree with me stated that he did not have proof and also I proof he lie on the protection order, Can I sue him and his ex because I lost my home or can I make him move out since the Judge found it was all lies on the protection,

Attorney answers (3)

  1. Lars A. Lundeen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . As with any lawsuit, you need to assess the viability of the suit. Do the people you are mad at have assets that you could collect should you be successful? Or are you suing someone who is barely getting by and has no assets? I suggest you consult with a local lawyer to find out what it would cost to bring the type of claim you are talking about and assess whether or not it is economically viable.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  2. Joel Daniel Matteson

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Sorry to hear about your situation. Slander is the spoken form of something called "defamation" (written defamation is called "libel"). Generally speaking, to prevail on a defamation case, you need to prove the following:

    1. Someone said something about you that was false and not a mere matter of opinion.

    2. The false statement about you was harmful in a specific way (such as causing you to lose your house or custody of your children).

    Depending on the specifics of your case (e.g., what was said, to whom, ect), you may have a defamation claim, but no honest attorney can say for sure without more detailed information. Therefore, you should consider speaking with a local attorney about the specifics of your case. Most personal injury attorneys offer free and confidential consultations. You must act quickly, as the law limits the amount of time you have to file a claim.

    Hope this helps. Best of luck.

    Note: this answer is not a substitute for legal counsel. As with any legal matter, you should strongly consider obtaining legal counsel to better understand your legal rights and obligations.

  3. Robert Daniel Kelly

    Pro

    Contributor Level 20

    Answered . If someone falsely accused you of a crime, causing damages to you, you may have a cause of action at the civil law for defamation of character, etc. You should speak with an attorney as soon as possible.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more

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