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Is this slander and how to stop it?

Ithaca, NY |

My wife works in early childhood learning (pre-K) and one of the students claimed that my wife hit him. The parents did the right thing and contacted the police (just as I would) but after an investigation it was obviously this did not happen. Bottom-line: the mother of the child did not accept the police report and continues to spread false rumors that my wife hit this child. We (my wife and I) are active members of the community with sports, church and schools and we consistently have people telling us that this mother continues to spread these hurtful rumors. We have elected not to sue or respond but we do have the means to do so. Since this is now going on >12 months is it time. It must stop!

Attorney Answers 4


  1. Consult with a local lawyer about an order of protection.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. Suing or a least a lawyer's letter. Be mindful that the statute of limitations for defemation is 1 year.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. SOL is one year. A cease and desist letter from a local attorney could work, or it could add fuel to the fire.


  4. The issue is your ability to show damages unless you are entitled under some theory to per se damages. Consult a PI attorney, but if you want to pursue it s/he may want to get paid hourly, and not agree to a contingent fee retainer.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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