false accusations

[loadmaster]

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

Hello,
In my child custody case my girlfriend who lives with me is referred to as a "well known drug user"by my ex. in open court, and in court documents. She is referred to correctly by her first name, but her last name is not even close. My thought is how well known could she be if they dont even know her name.

My question is, is this some kind of defamation if it causes the court to look at her that way which would cause an adverse affect in my case? Or is it just enough to tell the court her actual name and that would be the end of it? Thank you.

[Proserpina]

Originally Posted by loadmaster

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

Hello,
In my child custody case my girlfriend who lives with me is referred to as a "well known drug user"by my ex. in open court, and in court documents. She is referred to correctly by her first name, but her last name is not even close. My thought is how well known could she be if they dont even know her name.

My question is, is this some kind of defamation if it causes the court to look at her that way which would cause an adverse affect in my case? Or is it just enough to tell the court her actual name and that would be the end of it? Thank you.

Things said during court proceedings are generally protected from any defamation/libel/slander suit.

(could you imagine the chaos otherwise? )

Yes, you can ask that your girlfriend's name be corrected...and when it's your turn you will have your chance to ask that your ex proves the allegations.

[loadmaster]

Originally Posted by Dogmatique

Things said during court proceedings are generally protected from any defamation/libel/slander suit.

(could you imagine the chaos otherwise? )

Yes, you can ask that your girlfriend's name be corrected...and when it's your turn you will have your chance to ask that your ex proves the allegations.

Thanks for the response. Yea that would make sense, I could only imagine how much more the courts would be overbooked. I was just concerned with a he said she said kinda thing. How could she prove her allegations, other than a police report, or eye witness? Then the police report would have to have the name she believes it is, right? Or can she just say she was told by so and so? And then would I have to bring in whoever so an so is? I know that wouldnt happen because they never met and live in 2 different counties.

So instead of me thinking this is just another way of her making me look bad, it could actually be good for me. How serious do judges look at this as far as a credability issue?

[Proserpina]

Originally Posted by loadmaster

Thanks for the response. Yea that would make sense, I could only imagine how much more the courts would be overbooked. I was just concerned with a he said she said kinda thing. How could she prove her allegations, other than a police report, or eye witness? Then the police report would have to have the name she believes it is, right? Or can she just say she was told by so and so? And then would I have to bring in whoever so an so is? I know that wouldnt happen because they never met and live in 2 different counties.

So instead of me thinking this is just another way of her making me look bad, it could actually be good for me. How serious do judges look at this as far as a credability issue?

Hold on....

Does your girlfriend have drug convictions or charges in her past?

I haven't checked your post history yet but be honest - is there something in your gf's history which could hurt you?

[quincy]

Change Dogmatique's "generally" protected to "always" protected, and then I agree with what she said in Post #2 about defamation in the courtroom.

There is full freedom for participants in any court, legislative or executive proceedings to say whatever they want to say on the matter before them (true or not, defamatory or not). Participants have a full immunity (an absolute privilege) from any defamation action.

If your ex refers to your girlfriend as a "well known drug user" outside court proceedings and outside of court documents, then it could be actionable defamation - if, of course, your girlfriend is not a drug user (well known or otherwise). If she is a drug user, then calling her a drug user is not defamatory but true.

Judges are used to parties in divorce and custody hearings lying. They look at facts and evidence when making their rulings, not he said/she saids.

[loadmaster]

Originally Posted by Dogmatique

Hold on....

Does your girlfriend have drug convictions or charges in her past?

I haven't checked your post history yet but be honest - is there something in your gf's history which could hurt you?

No nothing at all, and that is honest.

[Proserpina]

Originally Posted by loadmaster

No nothing at all, and that is honest.

Ditto everything quincy posted !

[loadmaster]

Originally Posted by quincy

Change Dogmatique's "generally" protected to "always" protected, and then I agree with what she said in Post #2 about defamation in the courtroom.

There is full freedom for participants in any court, legislative or executive proceedings to say whatever they want to say on the matter before them (true or not, defamatory or not). Participants have a full immunity (an absolute privilege) from any defamation action.

If your ex refers to your girlfriend as a "well known drug user" outside court proceedings and outside of court documents, then it could be actionable defamation - if, of course, your girlfriend is not a drug user (well known or otherwise). If she is a drug user, then calling her a drug user is not defamatory but true.

Judges are used to parties in divorce and custody hearings lying. They look at facts and evidence when making their rulings, not he said/she saids.

Thanks for your response. No she has never said anything outside court, like I said they have never met. Its only been during court proceedings. I seem to be spending to much time trying to defend myself against numerous false accusations, and feel if I dont the court would take her word for it. Instead of focusing on the important things.

If I ask for her to show proof of her claims, and for example she shows an arrest report with the name of a person, who is not my girlfriend, and then I show documentation showing my girlfriends true and real name/how long we have lived together/clean backround etc. is that evidence that shows my ex throwing out accusations that are lies? OR is this something I should just blow off and put the energy in more important issues because like you said the judge just sees it as lies and doesnt put any merit to it?

[loadmaster]

Originally Posted by Dogmatique

Ditto everything quincy posted !

Thank you.

[Proserpina]

Originally Posted by loadmaster

Thanks for your response. No she has never said anything outside court, like I said they have never met. Its only been during court proceedings. I seem to be spending to much time trying to defend myself against numerous false accusations, and feel if I dont the court would take her word for it. Instead of focusing on the important things.

If I ask for her to show proof of her claims, and for example she shows an arrest report with the name of a person, who is not my girlfriend, and then I show documentation showing my girlfriends true and real name/how long we have lived together/clean backround etc. is that evidence that shows my ex throwing out accusations that are lies? OR is this something I should just blow off and put the energy in more important issues because like you said the judge just sees it as lies and doesnt put any merit to it?

It is proof that your ex was perhaps misinformed - it does not prove that your ex has knowingly made a false allegation.

Concentrate on what is important.

[TinkerBelleLuvr]

Have you asked the X in court about these "allegations"? How does it come out in court?

[loadmaster]

Originally Posted by Dogmatique

It is proof that your ex was perhaps misinformed - it does not prove that your ex has knowingly made a false allegation.

Concentrate on what is important.

yes I know u r right. concentrate on what is important. Thanks.

[loadmaster]

Originally Posted by TinkerBelleLuvr

Have you asked the X in court about these "allegations"? How does it come out in court?

No I have not asked. It always comes out a matter of factly. She feels I need to have monitored visits, due in part when I dropped my daughter off at her house, she had to take her to the dr. for vaginal swelling. Though she states she knows i wouldnt do anything to my daughter. However, I do live with a "well known drug addict". The first I herd of this Dr. visit was in mediation, in which the mediator investigated her claim and found no record of my daughter ever being seen by any Dr. for this. She claimed to have taken her to a clinic, which I cant remember the name of right now, which the mediator informed me the only way a child is taken to this particular clinic, can only be by referral of the court or law enforcement.

[Proserpina]

Originally Posted by loadmaster

No I have not asked. It always comes out a matter of factly. She feels I need to have monitored visits, due in part when I dropped my daughter off at her house, she had to take her to the dr. for vaginal swelling. Though she states she knows i wouldnt do anything to my daughter. However, I do live with a "well known drug addict". The first I herd of this Dr. visit was in mediation, in which the mediator investigated her claim and found no record of my daughter ever being seen by any Dr. for this. She claimed to have taken her to a clinic, which I cant remember the name of right now, which the mediator informed me the only way a child is taken to this particular clinic, can only be by referral of the court or law enforcement.

And did the mediator provide you with confirmation of this?

That this clinic ONLY sees minor patients by either court or law enforcement referral? Did you ask about this?

(There is a reason for my questions)

[loadmaster]

Originally Posted by Dogmatique

And did the mediator provide you with confirmation of this?

That this clinic ONLY sees minor patients by either court or law enforcement referral? Did you ask about this?

(There is a reason for my questions)

She just noted in her mediation report that she did an investigation, and found nothing. Give me a minute and I will get the report which has the name of the clinic.