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Just yesterday I've had an incident that I'm curious if I got a civil case for.
The back story is, my wife's aunt has a restraining order on my brother in law for something that didn't happen but this isn't the point. Everytime we go somewhere and her aunt is there, she tells the people in charge that she has a restraining order against us and she tries to get us kicked out. Well yesterday, I took my daughter to a pageant and her aunt was there. The directors told us that we weren't allowed to participate because of this "restraining order" (that doesn't exist against us). Well the nice thing was it was at my place of employment. So I told the directors that if she is going to follow this made up restraining order that she has to kick her out because she is in my place of employment. Well my wife's aunt came to the front desk and yelled at and threatened my front desk clerk, so we called the cops and had her removed. During this process, she was calling me a child molester to my front desk clerk and other people who were present. What are my rights in regards to this. Including the pageant directors (who do this for profit) for having a biased opinion without proof and my wifes aunt for calling me a child molester to other people? -
Are you a child molester? If not, than it sounds like she committed slander per se.
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no I'm not a child molester, but is slander a sue-able case? Cause This has been going on for 3 years and now she finally lashed out at me. My wife's family might take her shit, but I will not.
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How to File a Lawsuit for Slander
Edited By: Lipton Jun 28th, 2010 at 06:40 PM
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<!-- google_ad_section_start() -->Slander is a form of oral or spoken defamation. Defamation involves a false statement about another person that tends to cause them harm. It can be difficult to prove slander because it can conflict with someone else's right to free speech. However, if you feel you have been a victim of slander, here are some tips to help you file a lawsuit.
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<SCRIPT type=text/javascript> jQuery('.intro .thumbnail').each(function(i,e){ jQuery(e).find('img').one('error',function(){ jQuery(e).remove(); }); }); </SCRIPT>Difficulty: Moderate
Instructions
<!-- google_ad_section_start() -->- <LI id=jsArticleStep1 itxtvisited="1">Step 1
Understand the law. Generally, to prove slander, you must be able to show that someone made a false and unprivileged statement about you, this statement was conveyed to a third party and this statement resulted in damage to you. Public figures must also prove that the slanderous statement was made with actual malice.
<LI id=jsArticleStep2 itxtvisited="1">Step 2
Consult with an attorney. Slander lawsuits are notoriously difficult to prove because the statements must amount to more than mere gossip and innuendo, and the damage to your reputation may be difficult to prove. You should consult with an experienced slander attorney to help you assess your claim and to potentially represent you in a slander lawsuit.
<LI id=jsArticleStep3 itxtvisited="1">Step 3
File a complaint in court. In your complaint, you must name the defendant who made the slanderous remark and explain the facts supporting your claim. Be sure to list all damages you have suffered as a result of the slander. Follow the rules of your jurisdiction for properly filing the complaint and serving it on the defendant. - Step 4
Go to court. The court will tell you when to appear in court for your slander trial. Be sure to bring all evidence and any witnesses that can support your claim. The court will listen to your case and issue a ruling.
If you lose your job, or maybe can prove you get passe dup fro a promotion because of her statements, then maybe -
You would much rather sue someone for slander per se than just slander because if it's slander per se than you don't have to prove specific damages just that the statements were made. What that is worth and whether she has anything to collect upon is a whole another set of questions; of which, I can't answer.
Edited By: TheFirm53 Jun 28th, 2010 at 06:43 PM
Edit: That is for slander. Slander per se is different.
Reason: addition to Lipton -
Well I seem to fall under all that. But I'm not looking for money, I'm looking to have this lady STFU and to never mess with the wrong person again. Any other ideas on what I should do? I know a restraining order would work, but that doesn't really stop her from talking about me or my family.
Edited By: jdbunchOSU Jun 28th, 2010 at 06:44 PM
EDIT: Thanks thefirm. I'm not looking for money or anything. Probably just my attorney fees and the such. So I guess get a hold of my attorney and see what I got going? -
seems like an undertitle is in order here...
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Edited By: p00pymcp00perton Jun 28th, 2010 at 09:47 PMI highly doubt that a court is going to issue an injunction against your wife's aunt forcing her to stfu based on the facts you gave here. If you want to shut her up, see the action through and take whatever money damages that are awarded to you. You certainly have a case here. Contact your attorney. Godspeed.Originally Posted by jdbunchOSU
Well I seem to fall under all that. But I'm not looking for money, I'm looking to have this lady STFU and to never mess with the wrong person again. Any other ideas on what I should do? I know a restraining order would work, but that doesn't really stop her from talking about me or my family.
EDIT: Thanks thefirm. I'm not looking for money or anything. Probably just my attorney fees and the such. So I guess get a hold of my attorney and see what I got going? -
I'd stop touching children.
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