Slander via email

[dsp2008]

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

These comments were sent to my daughter-in-law in an email from her mother:

"Jane Does' recent erratic actions speak for them selves. Jane Doe has filed a Contempt Charge instead of talking to us. It is you, and Jane Doe who have been and continue to be unreasonable, not us. You have all acted unstable, chaotic, and lied for years."

Jane Doe does not know what "erratic actions" she had done. She knows she is not unreasonable and has not lied. Does Jane Doe have any recourse?

Thank you,

 

[cyjeff]

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

These comments were sent to my daughter-in-law in an email from her mother:

"Jane Does' recent erratic actions speak for them selves. Jane Doe has filed a Contempt Charge instead of talking to us. It is you, and Jane Doe who have been and continue to be unreasonable, not us. You have all acted unstable, chaotic, and lied for years."

Jane Doe does not know what "erratic actions" she had done. She knows she is not unreasonable and has not lied. Does Jane Doe have any recourse?

Thank you,

People are entitled to their opinion. There are some that would say that posting a legal problem on an anonymous message board as an erratic action.

What, in the letter, was false? Not a difference of opinion, but false?

Then, what monetary damages did your daughter suffer from this email?

 

[quincy]

Jane Doe could have legal recourse only if what the mother wrote to her daughter about Jane Doe was actually libelous, which it is not.

The comments written in the email were, as cyjeff said, clearly opinion, and opinions can be freely expressed if they do not imply false and defamatory fact.

What the mother wrote, in other words, cannot be proved true or false and, in order for a statement or statements to be defamatory, they must be provably false.

 

[dsp2008]

more slander?

How about this one...the person, lets call her "Fannie", has made false statements that I left my keys in my car when I had my 5-year old grandson over to visit. She goes on to state that the grandson started the vehicle and put it in gear. This is an absolute lie. I don't even leave the car unlocked when kid comes over. She has made this accusation in court. Of course, it all revolves around a custody issue. Oh, yes, she has said that the child told her this.

Is that liable or slander?

 

[UseMeNot]

Libel is written or pictures where slander is spoken. Both are malicious, damaging and nonrepresentational.

 

[quincy]

In court, what is said is "privileged" and cannot be used for any defamation suit. A lie told in court while under oath could potentially lead to a perjury charge, but not a defamation action.

Therefore, although the statement made by Fannie might be defamatory, it would not be actionable defamation.

Privilege is a special legal right or immunity granted to certain people at certain times, and this immunity covers any statements made in the course of and with reference to any judicial proceeding. It covers the statements made by judges, jurors, witnesses, parties to an action, attorneys and advocates.

If the accusations made in court by Fannie are false, your best recourse is to have evidence or witnesses available to refute her accusations.

During divorce and custody hearings, lies are often told by both parties. Judges recognize that the parties in such disputes will lie and will give unsupported accusations only the weight unsupported accusations deserve.

 

[dsp2008]

Thank you for your answers. It is a very difficult case and I can tell you that I have tried very hard to maintain a "neutral" attitude. It is very difficult when under a constant barrage of hostil, antagonistic and hurtful words. I do hope the judge sees through the statements made by the others in this case and takes their actions into account when making her decision.

Thanks again!

 

[quincy]

Judges tend to be pretty smart, dsp. A judge will look at provable evidence to make his/her decision. Unsupported tales are worth very little when it comes to making legal decisions.

The fallout from divorce and custody disputes tends to be wide-ranging and those close to the parties involved generally can't escape it. I hope for your sake, however, that common sense and maturity will rain down on everyone soon - but don't expect that to happen for awhile.

Good luck.