slander

[sduves]

What is the name of your state (only U.S. law)? ny

I was verbally accused of committing crimes I did not do (bogus claims, I believe in order to force me to settle a small claims suit so I do not proceed with a judgment) by a defendant: stalking, criminal harassment, threatening her safety. the judge at the hearing (not the trial judge) now thinks a police report has been filed and i am facing criminal charges, but she didn't even file a police report (which she admitted a few minutes after leaving the room). I want to sue her for slander, do you have any information that could help me with this?
Can she be held in contempt of court for lying?
Do I need to demand retraction to collect damages for slander?
There must be something to protect people from serious accusations?

She is calling my contact of her facebook friends (through a very friendly email) harrassment, and my repeated contact to her to collect my money and my insults by email "harrassment" and she implied I was facing criminal charges as a result of a police report that she claim she filed.

 

[quincy]

Statements made in the course of and with reference to a judicial proceeding cannot be used as a basis for a defamation action. These statements, even when false, are considered "privileged," and people who make these statements are immune from any prosecution for defamation.

If someone under oath deliberately makes a false or misleading statement in court, however, a prosecutor can always consider charging that person with perjury, but this is something a prosecutor must decide to do and, in reality, this rarely happens. Only when a lie affects, or has the ability to affect, a court decision will the prosecutor pursue a perjury charge.

Likewise, filing a false police report is a crime, but this is pursued by the State again, and not you. The prosecutor would need to decide if charges should be filed.

If this woman has been stating or implying on Facebook that you have committed crimes that you have not committed, then these statements can be used for a defamation suit. Some reputational injury may be presumed by such statements, but you should be prepared to show how the comments have affected you and your reputation. In addition, you must be able to prove that she is saying these things without a belief in the truth of what she is saying. If she sincerely believes you are stalking her and harassing her, truth could be her defense to any action you may consider.

In other words, a defamation win in your situation is by no means guaranteed. And defamation actions are extremely expensive to pursue, so you should consider the idea of bringing such a suit very carefully. A consultation with a lawyer in your area is wise and recommended.

You should stop emailing her Facebook friends, by the way. She is right that this could be considered harassment. Whenever you are involved in a court action with someone, the less communication between the two of you the better. Let your attorneys, if you have them, communicate for you.