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Libel/Defamation from info in supplemental declaration?

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boltsfan17

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

Can I sue someone for libel/defamation of character from information that was in a supplemental declaration for a DV Restraining Order?

My ex filed a restraining order on me and I lost in court during the hearing. I never received the supplemental declaration from my ex until the following day of my court hearing. I was caught off guard so I wasn't able to prove the allegations were a lie and the judge basically believed everything that was in the declaration. I do have evidence to prove everything that was said is basically perjury. I didn't have a lawyer since I didn't believe I needed one. I didn't realize the judge was going off of the supplemental declaration during the court hearing. I plan to see if there are any grounds for appeal. Anyway, is it possible I can sue my ex for libel/defamation of character based upon the fraudulent allegations that were written in the supplemental declaration?
 


jani2

Junior Member
I know that in IL, any statements made in court proceedings are considered "protected", and therefore exempt from libel/defamation suits. Which sucks, quite frankly. If you check your states statutes, codes, or local rules you might be able to find something.

Here is a link for legal help in CA. I know that local agencies have been very helpful to me this far:

California Courts: Self-Help Center: Free and Low-Cost Legal Help: Lawyers, Government Agencies, Nonprofit Groups

BEST OF LUCK TO YOU.
 
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quincy

Senior Member
jani2 is correct that what was submitted in court would be covered by privilege and cannot form the basis of a defamation action.

The time to have presented evidence that you are not a threat to your ex, and that her claims of domestic violence were false, would have been at the court hearing. It was up to you to be prepared at that time.

For something as serious as a domestic violence restraining order, you would have been wise to have had an attorney. I suggest you contact one now. jani2's link would be a good one for you to check out, if money is an issue.

In the meantime, be certain to meet all of the conditions of the restraining order.

Good luck.
 
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