Do I have a case for defamation suit?

[kjd1005]

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

My ex is telling my 13 year old daughter I molested her friend. These accusation were made during our initial separation and custody battle. I was arrested. Criminal charges were dropped. I passed two different lie detector tests. A separate Social Services Hearing was held and it was ruled out. My name was total cleared over 5 years ago. However, my ex just showed my 13year old daughter the police report. She also shoed this to my 21 year old son's girlfriend.

I also was told by my daughter her mom and boyfriend always say "Chester the child molester is here to pick you up." and "You are with Chester this weekend" whenever they refer to me. My child if afraid to speak up to them to get this to stop. The girlfriend also confirmed this happens all the time. She said they are trying to BRAINWASH my daughter so she will hate me.

How should I proceed?

[sljak]

Did she ever get in trouble for the false accusations?

Did she get in trouble for having you arrested based on a lie?

I would file a motion, take it to court and tell the judge what is happening.

Or call child services and explain and ask them what you should do.

Then, if she never got in trouble for doing this to you, I would file a law suit againist her. She actually made you get arrested, and go through a court ordeal because of her lies. Now, the two of them are re-newing their campaign againist you.

People that give false accusations in child custody cases should be brought up on charges. And lose custody.

[quincy]

I suggest you consult with an attorney in your area and go over all of the facts. Take any documents you have that relate to the false molestation accusations. Maryland has a one year statute of limitations for defamation actions, so you will probably want to speak with an attorney soon.

Maryland also recognizes defamation per se, which means that certain statements that are made presume injury and you can be awarded damages on this presumed injury. Falsely accusing someone of being a molester is defamatory per se.

The police report cannot be used to support a defamation action, unless it can be shown the report was made with actual malice. Actual malice goes to the intent behind the comments and can be difficult to prove. However, you have lie detector test results and the report from the social services hearing to indicate falsity. The comments that are being made now, after having been cleared of all accusations, are indication of malice.

Again, you should consult with an attorney. You may have a defamation action you can pursue against your wife that has a good chance of success.

Good luck.