Two years ago a crazy girl was telling people my husband raped her. It never happened, he never touched her. She had accused another guy of rape a year before. She tried to file charges but it was thrown out. No evidence and the detective knew what type of girl he was dealing with. Because of this crap it costed my husband a year suspension from his coaching job. We live in a small community and she's still telling everyone he raped her. It's horrible. Anyone who knows him doesn't believe it but not everyone knows him. We were at a festival this weekend and she kept going where we were. She followed us around and was even dancing in front of my husband. We have 3 small children and I want to know if there's anything I can do about this. I know nothing about slander laws. Can we get a restraining order? I would really appreciate some advice. Sorry this was so long.
Thanks, Ashley
2007-07-17 03:31:32 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Slander is the act of informing others of an untruth about someone while knowing or in the state that you should have known that it was untrue. To succeed on a slander matter, you have to allege:
1) That she has said things to several people (and those people must be willing to testify that she told them this);
2) That you have suffered damages as a result of her lies;
3) In the case where you have no monetary damages per se, (didn't lose a paying job, for instance), then emotional distress may be awarded.
4) In the case that she has accused your husband of committing a serious crime, and its patently false, then the slander is even more obvious. The difficulty here I think will be two-fold:
A. Proving what your damages are. Depending on what state you're in, you may or may not be able to ask for punitive as well as actual damages;
B. Even if you prove damages and a judge (or jury) awards you a money judgment, can she pay the judgment? If she has no money, then you've got a piece of paper that officially says she's a liar, but then, it appears that is pretty obvious anyway.
You should consult with an attorney licensed in your state for more specific advice on how to handle the situation further. For a referral, contact your local or state bar association.
2007-07-17 06:28:50 · answer #1 · answered by Phil R 5 · 1⤊ 0⤋
'Linda R' and 'Scoot' have NO notion of what the legislation is...... I project them to furnish a hyperlink to a state or federal website online that backs up their ridiculous claims. within the US an organization would possibly unlock ANY understanding (besides that blanketed by means of HIPAA) that's TRUTHFUL..... many employers as an issue of POLICY most effective unlock dates of employment, and process titles, that's coverage NOT legislation......... many employers have such insurance policies in view that they recognize they've staff, and leadership that could lie below detailed situations, there are persons that could misinform restrict an applicant kind getting a role and there are staff who could lie seeking to aid a nasty applicant get a role. the organization may also be held accountable for the ones lies irrespective of if the reference used to be well or dangerous in view that it used to be a lie...... such a lot of employers will most effective unlock dates of employment, titles and rehire reputation. that is understanding that may be learn straight from a staff dossier and that means the organization does NOT take any danger that the individual answering those questions is much less then honest......... you certainly state that you simply had attendance disorders, that you simply had been fired for the ones attendance disorders, and that's what you believe is being stated approximately you..... your former organization is doing NOTHING unlawful...... it's NOT unlawful, and it's NOT defamation to be honest approximately anybody or whatever..... wherein do persons get the notion that a legislation could restrict a TRUTHFUL reply to any query?
2016-09-05 14:46:01 · answer #2 · answered by grewell 4 · 0⤊ 0⤋
First, tell hubby to file a no-contact order.
She would have been fine had she stopped with the criminal complaint. HOWEVER, since she has seen fit to continue I would suggest you have a local attorney write her a nasty-gram informing her that if she does not IMMEDIATELY cease and desist, you will file suit for slander and go after everything she owns or hopes to own.
2007-07-17 03:36:11 · answer #3 · answered by hexeliebe 6 · 2⤊ 0⤋
you certainly can get a restraining order, and should have already. Also, file charges for harrassment, and stalking,and filing a false police report too. Good luck.
2007-07-17 03:37:14 · answer #4 · answered by randy 7 · 3⤊ 0⤋
yep, go see about a restraining order....
2007-07-17 03:36:56 · answer #5 · answered by Jeff the drummer 4 · 0⤊ 0⤋
Seriously, try the Judge Judy or Dr, Phil website.
2007-07-17 03:38:58 · answer #6 · answered by Anonymous · 0⤊ 5⤋