Defamation ? need advice

Orange colored pink elephants

Woooo dum idea

This entire post is irrelevant to your final question (or statement)

I want to file a defamation suit on my small claims court this week.

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You can file anything you want, but there is nothing in your post to provide proof that defamation occurred according to the law. Your girlfriend has the right to file a complaint against you, whether or not it is valid.

And, until that issue is adjudicated, you are out of luck.

Thanks for your reply,

What should I do about the detective?

And if is there anything I can do other than defamation?

You tell me? Either speak with the detective, wait until you secure the services of an attorney or refuse to speak with the detective.

That's your personal decision.

Should I hire someone before I am charged with anything? or wait?

How serious are these allagetions, redness on her face and treaten to kill her??

Well that's what detective told me but she might be lying??

And I quote from BelizeBreeze "That's your personal decision".

to my understading this detective has no idea what I am going be charged with she is just gathering information, she is going to send all this information to an attorney and he will decide what to charge me with. Until than I guess I should sleep on it, becasue A) I don't want to waste money on a crime I didn't commit. and B) I don't want to act defensive.

I just can't sleep. This is screwing up my life pretty bad and pretty fast. and on the other hand this might end being nothing, and she gets away with screwing up my marriage just the way she wanted in the first place.

I will do some research I guess see If I can clear my name.

LosAngeles27 said:

to my understading this detective has no idea what I am going be charged with she is just gathering information, she is going to send all this information to an attorney and he will decide what to charge me with. Until than I guess I should sleep on it, becasue A) I don't want to waste money on a crime I didn't commit. and B) I don't want to act defensive.

I just can't sleep. This is screwing up my life pretty bad and pretty fast. and on the other hand this might end being nothing, and she gets away with screwing up my marriage just the way she wanted in the first place.

I will do some research I guess see If I can clear my name.

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IF the police believe her, they will file charges with the District Attorney for either PC 273.5 (domestic violence w/ corporal injury - a felony), or, PC 243(e)(1) (domestic violence - misdemeanor). The D.A. will then to decide whether to proceed or not.

Additionally, this whole restraining order questions is very odd. Until you have been served with the document, it is unenforceable. Verbal service MAY be sufficient in L.A. County, but I have never heard of such a thing. Once you are served with the restraining order, there will be a court date about a motnh down the road. At that court date you would make the argument as to why it should NOT be made permanent, and she will argue why it should be.

If you receive ANY court papers - for the TRO hearing or a court hearing on the charges, I would recommend that you get a hold of an attorney ASAP. Its up to you if you want to speak to to the officer looking in to the case. Though you might consider an attorney before talking to him. Anything you say to him can be used against you ... additionally, if you do NOT talk to him, he will present a case to the D.A. consisting ONLY of the Ex's injuries and statement ... it can be a Catch-22.

Now, if I may ... going to pick up the ex-girlfriend after you were newly married was an incredibly DUMB move! DUMB! That's with a capital "D"! Oh, did I say how DUMB it was!? It's like inviting trouble and divorce through the front door!! If you really wanted to help her, you do it either WITH your wife's permission, or, you bring the wife along. Or, better yet, call her a cab! If it were truly humanitarian on your part, then having your wife in the car might have been a good way to keep the Ex in the BACK seat. AND she would have witnessed that no hanky-panky occurred. As it is, I doubt the wife buys the innocent act ... I know that I have a hard time buying it as well. Perhaps you fended off advances ... or, perhaps you started to succumb and then changed your mind. Either way it looks bad - real bad.

Oh, and there's not a lot you can do to "clear your name". She has a right to report what she believes to be a crime to the police. IF you could PROVE that it did NOT happen, you might be able to pursue some action against her, or the police could charge her with filing a false police report, but that's almost impossible. How would you (or the police) prove that she intentionally and maliciously filed a false report? Its almost impossible to prove that.

Carl

But, Carl, how do you really feel?

Thank you Carl , for reading my problem and answering all the questions. I feel much better now.

Now , I have a marriage to save. Off I go to the real world. You made me a fan of yours ... Thanks again.

I mean it.