Can I sue for libel?

[flamesofmoe]

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

I have a question. My ex-husband has been posting some huge lies about me, my legal situations, and our divorce online. He's been posting things things on a public website forum under a screen name that is NOT his legal name. However, (1) the icon is a picture of him and (2) he re-links his forum posts on his public Facebook page. In other words, anyone could figure out the posts are from him. He doesn't say my name in the posts, rather he writes "my ex-wife." However, I am his only ex-wife. Can I sue him for libel?

 

[Proserpina]

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

I have a question. My ex-husband has been posting some huge lies about me, my legal situations, and our divorce online. He's been posting things things on a public website forum under a screen name that is NOT his legal name. However, (1) the icon is a picture of him and (2) he re-links his forum posts on his public Facebook page. In other words, anyone could figure out the posts are from him. He doesn't say my name in the posts, rather he writes "my ex-wife." However, I am his only ex-wife. Can I sue him for libel?

This is a serious question, okay?

Do you have several years and tens of thousands of dollars to spare? (This is a very conservative estimate)

 

[ecmst12]

Also, have you suffered any tangible damages due to the posts? I don't mean were you upset, I mean did other people see these posts and believe them and did you lose something as a result - a job, a client, your relationship with friends or neighbors, etc.

 

[flamesofmoe]

@Proserpina: Not so much, no.

@ecmst12: I did lose a close friend, but I feel that was her choice to believe him and not particularly actionable. As for losing a job, not yet no. However that IS what I'm concerned about. The things he claims I did could lose me a job in my field.

 

[Proserpina]

@Proserpina: Not so much, no.

@ecmst12: I did lose a close friend, but I feel that was her choice to believe him and not particularly actionable. As for losing a job, not yet no. However that IS what I'm concerned about. The things he claims I did could lose me a job in my field.

Can you elaborate please?

 

[flamesofmoe]

Can you elaborate please?

I'll try to make a long, 3 year story as short as possible.

He accused me of child abuse and my child was removed immediately. There was no investigation, no social services involved. The cops just showed up with an Ex Parte order and handed my child over to my ex-husband. He later dropped the claim since he had no substance or evidence. I had doctors' affidavits stating that they talked to him and said there was nothing going on, and that our child was fine, having just been examined the day before for a follow up from surgery. The court claimed that they were acting in the safety of the child by removing him immediately with no investigation. To say the least, it was a false accusation and I now have sole physical and legal custody.

Not to mention the emotional turmoil of having cops show up at your door and say, "we're here for the baby," have your child taken away, and not have contact with them for weeks, I have to admit that my child was taken away in applications. I am a teacher who has to say yes, I had a child removed from my home on pre-job forms as well as school applications (currently pursuing an MaEd and apparently this is important information in student teaching placement).

So there's that.

Other than that... online he talks about this as well as other things he claims I did in our divorce. Claims I've been held in contempt, fined, should go to jail, took illegal measures, etc. Says a child psychologist says our child shouldn't live with me. All false. I could always provide the docket, court records, and actual recommendations to anyone who asks for them, but I shouldn't have to in the first place.

 

[Proserpina]

I'll try to make a long, 3 year story as short as possible.

He accused me of child abuse and my child was removed immediately. There was no investigation, no social services involved. The cops just showed up with an Ex Parte order and handed my child over to my ex-husband. He later dropped the claim since he had no substance or evidence. I had doctors' affidavits stating that they talked to him and said there was nothing going on, and that our child was fine, having just been examined the day before for a follow up from surgery. The court claimed that they were acting in the safety of the child by removing him immediately with no investigation. To say the least, it was a false accusation and I now have sole physical and legal custody.

Not to mention the emotional turmoil of having cops show up at your door and say, "we're here for the baby," have your child taken away, and not have contact with them for weeks, I have to admit that my child was taken away in applications. I am a teacher who has to say yes, I had a child removed from my home on pre-job forms as well as school applications (currently pursuing an MaEd and apparently this is important information in student teaching placement).

So there's that.

Other than that... online he talks about this as well as other things he claims I did in our divorce. Claims I've been held in contempt, fined, should go to jail, took illegal measures, etc. Says a child psychologist says our child shouldn't live with me. All false. I could always provide the docket, court records, and actual recommendations to anyone who asks for them, but I shouldn't have to in the first place.

In all honesty I do not see a viable defamation suit here.

 

[quincy]

Although I generally don't disagree with Proserpina, I think you may have a libel suit you can pursue, flamesofmoe, but you would need what has been written about you by your ex-husband personally reviewed by an attorney in your area to determine this better.

At the very least, a cease and desist letter drafted by an attorney to your ex-husband, a letter that threatens a lawsuit if the defamatory postings are not immediately removed from their location online, could be enough to intimidate your ex into deleting what has been written and prevent him from posting anything about you in the future.

You said you have custody of your children. I assume your ex-husband pays child support. Do you think that he has additional assets enough to make the costs of a suit financially worthwhile, should you win a libel suit against him?

If you were to win a libel suit (and there is definitely an "if" here), there would be a monetary award of damages, to compensate you for the injury to your reputation. If the damages awarded are uncollectable, however, a suit does not make much sense, financial or otherwise. A defamation lawsuit really doesn't do much to heal any reputational injury caused by defamatory words and, in fact, can publish the defamatory words to a greater audience. A defamation lawsuit leaves in its wake a public record, accessible to all.

With that said, I still think you should take the postings made about you by your ex-husband to an attorney in your area. There is no good reason why your ex-husband should be continuing to harass you after all this time.

The attorney can discuss with you options other than a libel suit (like a cease and desist letter, a cease and desist court order, or the filing an harassment complaint) that you may wish to consider. The pros and cons of each should be weighed carefully before taking any action.

Good luck.

 

[LdiJ]

Although I generally don't disagree with Proserpina, I think you may have a libel suit you can pursue, flamesofmoe, but you would need what has been written about you by your ex-husband personally reviewed by an attorney in your area to determine this better.

At the very least, a cease and desist letter drafted by an attorney to your ex-husband, a letter that threatens a lawsuit if the defamatory postings are not immediately removed from their location online, could be enough to intimidate your ex into deleting what has been written and prevent him from posting anything about you in the future.

You said you have custody of your children. I assume your ex-husband pays child support. Do you think that he has additional assets enough to make the costs of a suit financially worthwhile, should you win a libel suit against him?

If you were to win a libel suit (and there is definitely an "if" here), there would be a monetary award of damages, to compensate you for the injury to your reputation. If the damages awarded are uncollectable, however, a suit does not make much sense, financial or otherwise. A defamation lawsuit really doesn't do much to heal any reputational injury caused by defamatory words and, in fact, can publish the defamatory words to a greater audience. A defamation lawsuit leaves in its wake a public record, accessible to all.

With that said, I still think you should take the postings made about you by your ex-husband to an attorney in your area. There is no good reason why your ex-husband should be continuing to harass you after all this time.

The attorney can discuss with you options other than a libel suit (like a cease and desist letter, a cease and desist court order, or the filing an harassment complaint) that you may wish to consider. The pros and cons of each should be weighed carefully before taking any action.

Good luck.

I think this is very good advice and that you should follow it.

However, you need to realize that you did NOT have a child removed from your home in the sense that the job applications are asking about. Your ex got an emergency ex-parte order for temporary custody that turned out to be false. That is NOT the same as having a child removed from your home by social services. That was something between you and your ex, and is not something that you are required to disclose as a child being removed from your home. Yes, your ex involved the police in obtaining the child from you, but its still not the same thing. It was part of an ugly custody battle, but not due to a social services investigation, and that is what the job applications care about.

 

[Proserpina]

I think this is very good advice and that you should follow it.

However, you need to realize that you did NOT have a child removed from your home in the sense that the job applications are asking about. Your ex got an emergency ex-parte order for temporary custody that turned out to be false. That is NOT the same as having a child removed from your home by social services. That was something between you and your ex, and is not something that you are required to disclose as a child being removed from your home. Yes, your ex involved the police in obtaining the child from you, but its still not the same thing. It was part of an ugly custody battle, but not due to a social services investigation, and that is what the job applications care about.

Yours and quincy's posts are excellent.

Thank you both for clarifying

 

[quincy]

I say "LIKES for everyone!"

We all did a darn fine job of dispensing excellent advice here.

 

[flamesofmoe]

Thanks to everyone for the input! After everything I've been through I've long realized that feeling wronged doesn't necessarily mean one will be rewarded or the person doing the offending action will be punished. So I appreciate all the insightful answers. I tend to get things like "Too bad, life's not fair" when I ask elsewhere (like, oh, Yahoo Answers).

@LdiJ: Really? I had no idea. I just know it broke my heart to fill that stuff out on forms. Any idea where I can get more information on that?

@quincy: Indeed I receive child support. However he's well off enough that his other kids are in private school. I don't receive as much as others might due to my extended education and potential earnings. So it might be worth pursuing. My lawyer is fantastic. I think if the comments continue (he just posted a new one last week stating that I'm not allowing him to talk to our son, when he hasn't called or contacted in over a year of his own volition) I will ask her about a cease and desist letter.

As for whether his comments warrant a case, I went through my old paperwork from when we had a mediator involved. The mediator had to be involved because he kept claiming things such as the above: that I wouldn't let him see or talk to our son. However, after the mediator heard both sides and observed his lack of involvement by choice she recommended he be held accountable for court costs and the parenting agreement remain unchanged. The court agreed. So I suppose I could use past experience as evidence of a pattern.... or something. I guess after re-reading all that from the mediator I remembered that the court has on file his behavior already, which I could show to employers or friends if necessary. Ugh, but it shouldn't even BE necessary. Maybe I will talk to the lawyer. Hmm, a lot to think about. Glad I had this input from you all. Thank you again!