libel and slander suit?

[levidenum]

What is the name of your state? OR

My neighbor and I have had a property dispute that apparently she has finally given up on. Now in retaliation she has filed for and received a stalking order. I can not even go onto the 2 acres I own, she has a flag lot behind me, if I go into my yard she can have me arrested, I must stay out of her eye-sight.

The two instances she has stated to get her order are false and I have evidence that they are false, I wasn't in town for one of the dates mentioned (with witnesses, receipts) and have a video of the other instance showing she initated the argument (which she claimed that I did). She also mentioned video survaliance cameras that we have up to "watch her" to her friends (we have on video her stating this). The reason for the videos is because she threatened in writing to tear down our fence. But she tells every person that comes to her house that we are "watching her".

Our courtdate isn't until Oct 29, I will have missed two days of work without pay because of her false accusations and there will be a permant mark on my record even though it will be stated as that it was not enforced.

Do I have a case to sue her for liebl or slander and can she get in trouble for lying on a court document?

Thanks

 

[quincy]

Your neighbor was able to get a temporary stalking protective order based on probable cause, but to extend this order, on October 29, your neighbor will need to show by a "preponderance of the evidence" that there has been repeated unwanted attention, harassment or contact from you that has left your neighbor with reasonable apprehension.

If you can show, by a preponderance of the evidence, that the stalking order should never have been issued, and the court finds your evidence convincing, then the order will be dropped (it would probably be amended, anyway, so that you could use your own property). At that time, if the protective order was dropped, you could charge your neighbor with filing a false report, which is a misdemeanor in Oregon. If you are able to get the neighbor charged with this misdemeanor, then you could, potentially, sue the neighbor for defamation.

In suing for defamation, you would need to demonstrate a reputational loss - either a personal loss or employment loss - greater than two days off of work to attend the hearing. Generally, the loss you suffered should be great enough to warrant the high cost of bringing suit. Defamation suits are expensive to bring and time consuming, and without strong evidence to support your claims of injury, you will probably lose.

I would check with an Oregon attorney to see if any of these actions against your neighbor are worth pursuing. I would, first, however, concentrate on your upcoming hearing for stalking.