• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can we sue for libel, slander, defamation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

pjd2713

Junior Member
What is the name of your state? Colorado

the words her and she means my wife or girlfriend

My girlfriend and I decided in 2004 to move in together and combine our family. I was a single dad with a 10 year old girl she was a single mother with a 3 year old boy. While she attended her dad’s funeral (out of town) the grandmother immediately filed false allegations against her. This of course ended up in court and cost us about $6,000.00 in lawyer fee’s and what ever else the put her through. We had to pay for drug testing, parenting classes, physiological examinations, etc. At the first hearing the judge order the boy returned to our home. The Judge allowed the Grandmother visits with our son until this case was resolved. All the surprise drug test came back clean, the physiological evaluation came back in our favor she completed all the parenting classes and all else they demanded. (CPS & Grandmother demands) Of course Grandmother and CPS both lost against us and our family life should have been on its way. The Judge suggested (not an order) that we may consider allowing grandmother to visit at our discretion so long as there was no negative words towards us or grandmother.
In October 2006 Grandmother decided volunteering at our son’s school would be something good. (20 mile drive) When we found out we opposed this and the school stated “we need all the volunteers we could get and will not turn any one away because of our request”. Within a week of grandmother volunteering we get calls from CPS claiming we were not caring for our child properly because we had no food in the house. Of course they came over and went through our house and left. We asked what was going on they said all was fine we are not opening a case against you. Grandmother became very upset when we terminated her vists in November 2006.
December 2006 we had a small argument of course the grandmother jumped up at this and called CPS and stated “those two are on heavy drugs, they are arguing all the time, they have no food in the house, they never change the baby’s diaper etc. (we had a baby boy by then) Grandmother went to the court house and obtained restraining orders against the one child and us but never once claimed the baby and my daughter were in danger In fact the Judge forced her to take both boys or no boys. They never once spoke about my daughter. The story to CPS was much different than the story to the courts.
From December 6th 2006 till the end of January 2007 until the case was transferred to the proper court room we didn’t see our children at all. I explained to the new judge exactly what was taking place he determined the children return home. The catch was because grandmother said I threw my girlfriend out of a moving car, we were on heavy drugs and we had a way of producing clean results and so fourth he was gong to order a few things. One of the things was Grandmother was restrained from all of us until the case was over. We take two random supervised drug tests at places the court or CPS chooses. CPS will visit to our home unannounced or with short notice until all was resolved. When this was over in June 2007 it cost us over $9,000.00.
This expense cost us all the money we had not to mentioned time lost from work the embarrassment of the lies and the schools still treat us like we don’t care for our children all the crap we went through for 7 months the out come at the last hearing was this Guardian adlitem said had it not been for Grandmother he would have never been involved in this case. CPS states throughout their investigations for the last 7 months they have come up with all the allegations to be false and unfounded. There are no such drug activity as per the police investigation result (we never knew about that) there is no way the children are ever without supervision, food, clothing etc. CPS moved to dismiss the case stating it made many years since they have decided not to continue their involvement and wished us good luck. CPS recommended Grandmother Stay away.
That’s all fine and dandy but due to these events paying for attorney’s fee’s, drug testing, stress and what ever else came with this stressful time of two years it caused us to be broke and fall behind on our mortgage because our children was our priority at the time therefore making lawyers and outer facilities get paid first. It appears the courts do not care that a place to live with the children, shouldn’t this be a priority?

Okay I’m done complaining my question is can we sue the grandmother for all these expenses which otherwise would not have been there? One of the CPS people is willing to testify on our behalf we have all the transcripts which prove she was indeed falsely accusing us. This has put us in a foreclosure status and struggling with all bills with put on hold. Is there anything we can do to recover these expenses including large amounts of late fees for the last several months? We have been forced into bankruptcy the only way we could keep our home.
Any input would be appreciated
We realize the money would never make up for any of this but grandmother has already started infiltrating the new school and here we go again. if we could show her what it cost she may realize the money would be better spent on our children rather than courts. Grandmother never got along with my wife because my wife loved her father period and grandmother can’t handle this.
 


cbg

I'm a Northern Girl
If you will edit that huge block of text to include some paragraphs and white space, maybe someone will be able to read it without ruining their eyes and give you an answer.
 

quincy

Senior Member
Yes, you can sue the grandmother for defamation. You will need as many witnesses to testify on your behalf as you can get. The CPS worker would be especially important. You will need the transcripts of the various hearings, the determinations made by the courts, and the police reports. And you should also have an attorney.

Suing the grandmother to recover your costs in bringing this suit and to recover the legal expenses in the past, as well as to seek damages for the defamation, will be difficult if the grandmother does not have any money, herself, to pay any damages awarded. Winning is one thing. Collecting is another. And this is if damages are awarded. There is never a guarantee that a suit will be won. But if you can prove all of her allegations against you were false, then I think you have a pretty good case.

You should have an attorney go over all of your reports and documents and review the court cases in the past. The attorney can tell you whether it is wise to pursue the defamation action. I can tell you that lawsuits take a lot of time and are very expensive. If you are having problems paying bills and are in foreclosure now, you may find it difficult to hire an attorney, but I think you will need one to handle this matter for you. Look into free or low-cost legal clinics in your area, or call the Colorado BAR for direction.

(You might want to delete your other two posts)
 
Last edited:

Silverplum

Senior Member
I think he's nuts. CO is not big on awarding attorney's fees...if he didn't ask/receive when he was defending himself, what's his point now?
 

quincy

Senior Member
It sounds like pdj2713 was just cleared of all charges this past June and he is now struggling with the expenses incurred as a result of the protracted court hearings with the grandmother. Hence the seeking of damages from past litigations, and the defamation action.

Missing from the original post are the motives behind the grandmother's actions - and the situations described are certainly curious ones (ie. allegations that pdj2713 threw his girlfriend out of a moving car - not sure where the grandmother came up with that). But, as posted, it sure sounds like he has grounds for a defamation suit.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top