Is a document presented to a judge during court defamation of character?

[Debbb]

What is the name of your state? PA
My daughter was charged with a burglary that occurred in Nov 05. She had stolen money from my sister to buy drugs and my sister turned her in to the police without giving us any chance to make things right. The money was paid back that same day and my daughter has since gone to rehab. Nevertheless, the whole matter has totally blown our family apart and no one is speaking. On 3/28/06, we finally had the sentencing court. Just as my daughter's case was starting, the judge was presented with a letter that had been faxed from my sister in a feeble attempt to keep my daughter from going to jail. The letter ultimately did give us a continuance on the sentencing, but what she said in the letter about my husband and I is the problem. She stated that "Leeann is not totally to blame for her drug problem...She was given a set of car keys when she was 16 and allowed to run wild." Now this was read by the judge, the D.A. and my daughters lawyer and later that afternoon was even shown to my husband. Because she actually made that part of a court case, something that the judge could actually use to make his decision, could it be considered defamation of character? Thanks

 

[stephenk]

You're kidding right?

Your daughter is a drug addict thief and you are mad at your sister for turning her in before you could enable your daughter by paying back what she stole?

Your character isn't too great to begin with.

Did you give your daughter access to the car when she was 16? If yes, then its the truth and no matter how bad you think it makes you look as a parent, there is nothing you can do about it.

 

[Shay-Pari'e]

(QUOTE)She was given a set of car keys when she was 16 and allowed to run wild." (QUOTE),

Now the Mom of the said girl is whining over the above said comment.

I am having a brain fart on this post.

 

[Debbb]

defamation of character question

First of all, I thought this posting was for responses from someone that actually had an education, apparently not. I have a typical teenage daughter that was given the car keys like MOST 16 year old daughters so she could get to school, her after school job and school functions. I have 5 kids, she happens to be the only one that is an addict, so apparently my parenting skills weren't too bad. You probably don't have children or if you do they're still under the age of 10 and you still know their every move. It's self righteous people like you who will look in the mirror someday and say 'How could this happen to me?,' when your child becomes an addict too. It's out there. Beware.

 

[john123456]

Because she actually made that part of a court case, something that the judge could actually use to make his decision, could it be considered defamation of character?

In a nutshell, defamation is an untrue statement which harms your reputation resulting in damages. If, what your sister stated is true, no defamation.

 

[Zigner]

Because she actually made that part of a court case, something that the judge could actually use to make his decision, could it be considered defamation of character?

In a nutshell, defamation is an untrue statement which harms your reputation resulting in damages. If, what your sister stated is true, no defamation.

And - there are no damages to OP.

 

[tranquility]

Generally, things said in relation to a matter at issue in the pleading, affdavits, or in open court are given an Absolute Privilege regarding defamation. You would have to research the case law on whether something like the letter would be covered, but the privilege is rather expansive and I bet it is.

Even if you sister is a lying like a dog, you don't have a legal claim. Your recourse is to make her sit at the kid's table next Thanksgiving.

 

[Quaere]

She was given a set of car keys when she was 16 and allowed to run wild.

It doesn't matter if this statement was said to a judge, to the newspaper, or to the Pope. It is not defamatory because "running wild" is a subjective term that could only be considered an opinion.

 

[badapple40]

Generally, things said in relation to a matter at issue in the pleading, affdavits, or in open court are given an Absolute Privilege regarding defamation. You would have to research the case law on whether something like the letter would be covered, but the privilege is rather expansive and I bet it is.

Even if you sister is a lying like a dog, you don't have a legal claim. Your recourse is to make her sit at the kid's table next Thanksgiving.

*ding ding ding* we have a winner. No need to figure out truth or damages. tranquility hit it right on the head.

If she (your sister) lied, that is perjury, to be dealt with by prosecutors.

 

[Ohreallynow?]

Even if you sister is a lying like a dog, you don't have a legal claim. Your recourse is to make her sit at the kid's table next Thanksgiving

Gee, this is cruel and unusual punishment! I love it!

 

[Ohiogal]

First of all, I thought this posting was for responses from someone that actually had an education, apparently not. I have a typical teenage daughter that was given the car keys like MOST 16 year old daughters so she could get to school, her after school job and school functions. I have 5 kids, she happens to be the only one that is an addict, so apparently my parenting skills weren't too bad. You probably don't have children or if you do they're still under the age of 10 and you still know their every move. It's self righteous people like you who will look in the mirror someday and say 'How could this happen to me?,' when your child becomes an addict too. It's out there. Beware.

Good grief -- get a grip. Your sister said nothing wrong in her letter. She was actually tryng to prevent your little princess from going to jail. And you are made at your sister for reporting your daughter for stealing money? Mom, your daughter is a drug addict. She is a criminal. If she didn't get stopped somehow she would end up dead in a gutter somewhere. Your sister did you a huge favor. Hopefully the judge does an even bigger one and sentences your daughter to rehab and community service as well as restitution. And hopefully when you say your sister got paid back then that didn't mean that YOU paid her back.
And MOST 16 year olds are NOT given keys to the car or even a car. Some are. But not the majority.

 

[Ohiogal]

Gee, this is cruel and unusual punishment! I love it!

The kid's table at Thanksgiving at my dinners is everyone under 50. Other than my five year old, the youngest person is 26 and a production manager in California. So that is actually the table people WISH they could be at. LOL. So we'd gladly take sis to our table says the lawyer in the corner.