slander/libel

[poohjmb]

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

I was served with a restraining order that was completely false. I was accussed of hitting my ex roommate in the face. I obtained the police report (I called 911) and it clearly states that the police investigated and found that this person had most likely hit herself. I was served with this order and I work for a bank. This is a public document that now after 10yrs in my small town, I am ashamed that this has been recorded even though I did not do it. Is this considered slander (written) because it was posted in the courts with malice intended. My ex has also tried to get me to respond to have me thrown in jail by harrassing my partner via text and saying horrible things about me. Ironically she is coming into a settlement from workmans comp. Can I sue?

 

[quincy]

I am assuming, because of the police investigation report, that the restraining order is a "mutual" order - you stay away from the roommate and the roommate stays away from you?

A mutual restraining order is probably wise, as it prevents both of you from causing any additional harm to the other by prohibiting all contact between the two of you. Generally mutual restraining orders are issued with a ruling of no "fault" on the part of either party.

If the restraining order was issued based on what your roommate said to the police in a complaint or to a judge in a courtroom, you cannot sue her for slander even if what she said was false. Complaints cannot be used as the basis for a defamation action. If the facts upon which the order was based are false, however, your roommate could potentially be charged with filing a false report.

But, it sounds like the restraining order was issued as a result of, and based upon, the police investigation and the police investigation report, in which case there is nothing you can do. You would have no action against the roommate that would be worth pursuing.

I am not sure I understand the last part of your post at all. The roommate is texting your partner? If this is to see if she can get you to contact her and violate the restraining order, DON'T contact her - and tell your partner to ignore the messages.

What does workman's compensation have to do with anything?

 

[poohjmb]

slander

Thank you for the advise. Actually, it was I that called the police because she had moved out a month prior and decided she didnt like where she was and was gonna move back in because she had no place to go. (I agreed to take care of her pets and store her things) She pushed her way into the apartment. Long story she punched herself and was accusing me of doing it. There was no mutual restraining order. She went the following week with the attempt to gain access to my apartment and revenge, lied about the actual facts of the day I called the police report. The judge never saw a police report. I had to order the report and I will be submitting it to the judge on my court date because I am disputing the order because it was false and she is the one attempting to harass me. Thank you again for the advise.

 

[quincy]

Hmmm. Confusing. But good luck with it all.