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Ex accusing me of and spreading rumors of me trying to mollest her daughter

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assassin

Junior Member
What is the name of your state (only U.S. law)? california

lets say an ex girlfriend of mine accused me of trying to have sex with her daughter,basically going out of her way to do it,she has spread this vicious rumor around that i am a child mollester,pervert,etc... ive had my friends call me and they told me that there friends,people i dont even know brought up my name about what my ex is spreading around,i have a tape recorded conservation of my exes sister in law where her daughter lived at the time and her exact words are,i should of told you this earlier,i dont like to see innocent people get hurt,and i know you didnt do what there accusing you of doing,but there trying to hurt you,and be careful,she said she has seen and heard things between my ex and her daughter trying to get me,i have also many witness statements and i know i can get at least 10 people to go to court with me to be witnesses,she also filed a restraining order on me,which the judge didnt grant,and on that restraining order,(the restraining order was she felt i was harrassing her by calling her names,leaving texts,etc,,but when this piece a **** wants to go out of her way to put that kind of jacket on me,she deserved to be called every name in the book.but also on that restraining order she accused me of making sexual advances towards her daughter,her daughter is also accusing me of this,this is a long story but accusing me of such a thing like a child mollester can get me killed,she even came to my apartment with two guys wanting to beat my ass,police were called,this bitch is crazy,a pathological liar,etc... i went to the police and wanted to file charges on her for spreading these rumors,and she said she already went to the police,well the police told me i cant do anything becuz no complaint has been filed against me,i would have filed a civil suit or whatever suit i can file ob her for her accusations,but she does not work,has no income,so i left it alone,this happened maybe almost a year and a half ago,she has been in prison and i think she just got released,i want to see what i can sue for and how can she get punished for telling anyone she ran into about me trying to have sex with her daughter.the most insane thing is she said i did this when her daughter was six.thats insane,but the fact is she never pressed any charges becuz then she will get busted for filing a false policfe report.i am innocent.period.what are my options?thanks
 


quincy

Senior Member
Although falsely accusing you of child molestation is definitely defamatory, there are several reasons why I believe a defamation action in your particular situation would not benefit you. One major reason is that defamation awards are monetary awards and if, as you say, your ex has no money, you have nothing to gain by pursuing an expensive lawsuit against her. Any damages awarded would be uncollectable.

I believe your best course of action would be to seek a civil harassment order. This can prevent all harassment, attacks, threats, and so on, as well as ordering her to stay away. The harassment order can also prohibit your ex from further defaming you.

For a civil harassment order form, you can go to California Courts: Self-Help Center: Protection from Abuse: Civil Harassment Restraining Orders: Forms & Instructions for Use in Civil Harassment Cases. File the form with the court and a hearing date will be set. Have evidence to support the need for the order (sworn witness testimony, the taped conversation if you have your former sister-in-law's permission to use it, etc).

Because this seems to be a situation where neither of you have acted extremely honorably toward the other, a judge may issue a mutual order, ordering both of you to refrain from harassing the other in any way.

Good luck.
 
Last edited:

Silverplum

Senior Member
Excessively quotable.

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

lets say an ex girlfriend of mine accused me of trying to have sex with her daughter,basically going out of her way to do it,she has spread this vicious rumor around that i am a child mollester,pervert,etc... ive had my friends call me and they told me that there friends,people i dont even know brought up my name about what my ex is spreading around,i have a tape recorded conservation of my exes sister in law where her daughter lived at the time and her exact words are,i should of told you this earlier,i dont like to see innocent people get hurt,and i know you didnt do what there accusing you of doing,but there trying to hurt you,and be careful,she said she has seen and heard things between my ex and her daughter trying to get me,i have also many witness statements and i know i can get at least 10 people to go to court with me to be witnesses,she also filed a restraining order on me,which the judge didnt grant,and on that restraining order,(the restraining order was she felt i was harrassing her by calling her names,leaving texts,etc,,but when this piece a **** wants to go out of her way to put that kind of jacket on me,she deserved to be called every name in the book.but also on that restraining order she accused me of making sexual advances towards her daughter,her daughter is also accusing me of this,this is a long story but accusing me of such a thing like a child mollester can get me killed,she even came to my apartment with two guys wanting to beat my ass,police were called,this bitch is crazy,a pathological liar,etc... i went to the police and wanted to file charges on her for spreading these rumors,and she said she already went to the police,well the police told me i cant do anything becuz no complaint has been filed against me,i would have filed a civil suit or whatever suit i can file ob her for her accusations,but she does not work,has no income,so i left it alone,this happened maybe almost a year and a half ago,she has been in prison and i think she just got released,i want to see what i can sue for and how can she get punished for telling anyone she ran into about me trying to have sex with her daughter.the most insane thing is she said i did this when her daughter was six.thats insane,but the fact is she never pressed any charges becuz then she will get busted for filing a false policfe report.i am innocent.period.what are my options?thanks
 

quincy

Senior Member
And yet surprisingly, Silverplum, I was able to discern the gist of it all. :D

I had wanted to add that the statute of limitations for a defamation action in California is one year, so if the defamatory comments were made a year and a half ago, a defamation action would not be possible anyway. Requesting a civil harassment order would probably be the best course of action.
 

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