Defamation from my own sister!

[ImATexgirl]

What is the name of your state? New Jersey.
My sister, who is going through a divorce has accused me of having an affair with her soon to be ex-husband. This is an out and out lie. She has been telling people this for about 5 months and has now told the court appointed physcologist of the imagined affair. Everyone in the family knows that she is making this up. With this and several other things that she has done and said over the last year, we feel very strongly that she is mentally ill.
Do I have the right to defend my self in court and sue her for defamation? And if I do so, could this be a help in the push to get her evaluated further and get her help?

 

[BelizeBreeze]

What is the name of your state? New Jersey.
My sister, who is going through a divorce has accused me of having an affair with her soon to be ex-husband. This is an out and out lie. She has been telling people this for about 5 months and has now told the court appointed physcologist of the imagined affair. Everyone in the family knows that she is making this up. With this and several other things that she has done and said over the last year, we feel very strongly that she is mentally ill.
Do I have the right to defend my self in court and sue her for defamation? And if I do so, could this be a help in the push to get her evaluated further and get her help?

If she believes it to be true and if you have suffered no definable damages, forget it. You'll be wasting your money.

 

[ImATexgirl]

Well, I guess I don't know for sure if she belives it to be true, or if she is just being a bitch. So are you saying that it is only considered defamation if one make a statment which they know to be untrue? If they are just making accusations and guesses in the dark, they can say what ever they want?

 

[pogo_80]

Might be defamation per se (adultry and unchasity). I doubt you can get a court to make her receive help for her 'mental problems'. If she's violent and committed an act like battery, that would be a different story. She'd likely be ordered to attend anger management couseling. I think with defamation per se the burden is upon your sister to prove you had an affair with her husband.