My ex continually files motions with the court. This has caused severe anxiety and emotional distress for me. His most recent motion asserts that I committed fraud during a spousal support hearing. I suffer from anxiety and PTSD... and his continual filing of motions and now false allegations are exacerbating these things. We were married for 20 years...I want him to just leave me alone and stop harassing me through the courts. Please advise.
No, you cannot pursue a defamation case based on court filings. What you can do, if you can establish that the filings are groundless, frivolous, or vexatious, is to ask the court the motions are filed in to issue sanctions such as reimbursement of any attorney fees you have incurred.
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No, statements surrounding court proceedings are privileged, and not subject to a defamation lawsuit
You cannot sue for libel but you can file a motion for sanctions and attorney's fees, if you use a lawyer.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
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