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Is this defamation of character?

Thibodaux, LA |

A protection order was filed that stated I have (in the past) shoved, mentally abused, & harassed the two protected persons (my ex-wife & son).It also claimed that I smoked marijuana with my son, as well as claiming that I use several illegal narcotics.The protection order was dismissed,due to the petitioner & sons testimony.Their own testimony proved me to not be a harm to them.**The law states that it only takes one person seeing the defamatory remarks.(libel)Many people saw these court papers.Including when I had no choice but to show the childs school & Office of Family Support.**I have proof that the only altercation that ever took place was in 2001 & it was simple assault.Under cross-examination the transcripts show that she has never made a police report of these other accusations.

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Attorney answers 4

Posted

I am not an Attorney in Louisiana. I do not know the ins and outs of the code controlling LA family or criminal court procedure. I do know that unless your ex-wife is rich and her false or misleading statements caused you a significant financial loss, the case, if any, will have little value under the law and you are going to be hard pressed to find an attorney interested in taking the case.

Asker

Posted

The ex-wife in this case will be filing a civil suit for custody. I do not intend to hire an attorney. The defamation of character may be added to the reconventional demand at most. ~Thank you for your time!

Christine C McCall

Christine C McCall

Posted

Documents filed for court and legal actions are almost always immune from claims of defamation (libel and slander). Talk with a LA to ascertain LA law on this near-univerrsal point of law.

Posted

Very few defamation cases are worth anything. You will be hard pressed to ever find an attorney willing to take such a case, because it is so difficult to recover on. Your facts listed about your character, don't seem that great to boot with an assault conviction, so I would try to work out what you can, and let it go if possible.

licensed attorney in Montana. Your specific state laws may be different.

Asker

Posted

One assault conviction in 2001 is the only fact listed about my character. Everything else is defamation of my character! And that's without having mentioned that I have a witness willing to testify that the "protection order" was planned. Which makes it malicious. We have tried repeatedly to work it out (aka "let it go"). The opponents refuse. ~Thank you for your time.

Posted

Best bet is to put it behind you, as the costs would far exceed any recovery, however, you can use Avvo's "find a lawyer" tool to discuss in full with a local lawyer.

Posted

Generally speaking, comments made in the confines of litigation are usually immune from defamation litigation. You should contact a local defamation lawyer to discuss the facts of your matter.

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