Slander Submitted to a Court

[Razzbo]

What is the name of your state? California

Hello, a female acquaintance of mine submitted numerous defamatory accusations of me to a court, failed to give proof, but the court accepted the claims anyway. This is astonishing in itself. There is now a false Harassment order against me. Since the woman lied (under penalty of perjury), and my image is now tarnished, what are my legal options? I think she just manipulated the court with her American sense of white female, privilege entitlement. Our society is so sick today. A white woman can just walk into a court and lie through her teeth and get away with it, and the court accepts her claims, even though absolutely no proof for the claims were provided. I demand justice and accountability. If possible, I only want professional legal information from a lawyer, not just anyone's subjective and ill-informed opinions. Thanks. I have found that most people have no idea what they are talking about when it comes to law, human rights and religion.

 

[Just Blue]

You were answered down the street and were incredibly rude to the Judge who answered your question.

 

[quincy]

What is the name of your state? California

Hello, a female acquaintance of mine submitted numerous defamatory accusations of me to a court, failed to give proof, but the court accepted the claims anyway. This is astonishing in itself. There is now a false Harassment order against me. Since the woman lied (under penalty of perjury), and my image is now tarnished, what are my legal options? I think she just manipulated the court with her American sense of white female, privilege entitlement. Our society is so sick today. A white woman can just walk into a court and lie through her teeth and get away with it, and the court accepts her claims, even though absolutely no proof for the claims were provided. I demand justice and accountability. If possible, I only want professional legal information from a lawyer, not just anyone's subjective and ill-informed opinions. Thanks. I have found that most people have no idea what they are talking about when it comes to law, human rights and religion.

If the falsehoods were told in court or court filings, they are absolutely privileged and cannot form the basis of a defamation suit. The place to refute the lies is in court at the time the lies are told.

Back in 2015, you had another defamation question and you were provided with California’s defamation laws. You can check your own posting history to read over what you were told then, but I will return to this thread to provide links to the laws again for the benefit of others.

 

[Just Blue]

What is the name of your state? California

Hello, a female acquaintance of mine submitted numerous defamatory accusations of me to a court, failed to give proof, but the court accepted the claims anyway. This is astonishing in itself. There is now a false Harassment order against me. Since the woman lied (under penalty of perjury), and my image is now tarnished, what are my legal options? I think she just manipulated the court with her American sense of white female, privilege entitlement. Our society is so sick today. A white woman can just walk into a court and lie through her teeth and get away with it, and the court accepts her claims, even though absolutely no proof for the claims were provided. I demand justice and accountability. If possible, I only want professional legal information from a lawyer, not just anyone's subjective and ill-informed opinions. Thanks. I have found that most people have no idea what they are talking about when it comes to law, human rights and religion.

Read the TOS of this site. You want to talk to an attorney? Go pay your attorney to answer you.

 

[quincy]

Here is a link to your previous thread:

https://forum.freeadvice.com/threads/blog-slander-and-defamation.618345/

California defamation jury instructions (2015):

https://www.justia.com/trials-litigation/docs/caci/1700/

California defamation law overview, Digital Media Law Project:

http://www.dmlp.org/legal-guide/california-defamation-law

You can have an attorney in your area personally review all facts but, from what you have said here so far, I do not see a defamation claim available for you to pursue.

 

[Just Blue]

If the falsehoods were told in court or court filings, they are absolutely privileged and cannot form the basis of a defamation suit. The place to refute the lies is in court at the time the lies are told.

Back in 2015, you had another defamation question and you were provided with California’s defamation laws. You can check your own posting history to read over what you were told then, but I will return to this thread to provide links to the laws again for the benefit of others.

Which the OP was told down the street and then s/he responded in a very rude manner to the Judge who posted.

 

[quincy]

Which the OP was told down the street and then s/he responded in a very rude manner to the Judge who posted.

Razzbo says s/he is from Michigan in that thread. Here, the state is California. Not that it matters. The law on absolute privilege (immunity) is the same for all states.

Absolute privilege is a privilege (special legal right, exemption, immunity) that is granted those participating in a lawsuit that protects them from defamation claims arising from statements made in the course of the legal action.

This thread, as a note, was reported for moderator review.

 

[Razzbo]

Razzbo says s/he is from Michigan in that thread. Here, the state is California. Not that it matters. The law on absolute privilege (immunity) is the same for all states.

Absolute privilege is a privilege (special legal right, exemption, immunity) that is granted those participating in a lawsuit that protects them from defamation claims arising from statements made in the course of the legal action.

This thread, as a note, was reported for moderator review.

quincy, I wasn't invited to defend myself in court. I received the harassment order via email from 3,000 miles away, after the court hearing. It turns out that a number of alleged friends of the woman in question reported to her absolutely slanderous information about me (assuming she wasn't lying about them). No proof was provided by the woman who filed in court, and no names were given. Absolutely no evidence for all the lies were provided, and this simply astonishes me, that a court would allow claims based entirely on hearsay.

 

[Razzbo]

Is there a way to change my user name? I don't particularly care for it.

 

[Razzbo]

I do have a lawyer, but there is limited service and as you know, it can get costly.

 

[quincy]

quincy, I wasn't invited to defend myself in court. I received the harassment order via email from 3,000 miles away, after the court hearing. It turns out that a number of alleged friends of the woman in question reported to her absolutely slanderous information about me (assuming she wasn't lying about them). No proof was provided by the woman who filed in court, and no names were given. Absolutely no evidence for all the lies were provided, and this simply astonishes me, that a court would allow claims based entirely on hearsay.

Harassment orders and personal protection orders are not difficult to get. Judges tend to err on the side of caution and grant these orders with some frequency.

Essentially the order means you don’t harass and the one with the order cannot go out of his/her way to provoke any harassment.

It is difficult to be the target of lies but there is often very little you can do to prevent people from lying about you. And, in the case of lies told in court, the liar is protected from suit. Perjury is certainly wrong but it is rarely prosecuted.

 

[Razzbo]

Razzbo says s/he is from Michigan in that thread. Here, the state is California. Not that it matters. The law on absolute privilege (immunity) is the same for all states.

Absolute privilege is a privilege (special legal right, exemption, immunity) that is granted those participating in a lawsuit that protects them from defamation claims arising from statements made in the course of the legal action.

I would then ask what the purpose of having people swear in is. And why the document/affidavit states that the contents contained are signed under penalty of pergury. What's the point of all this? There must be a penalty. I'm not a lawyer, so just curious.

 

[Razzbo]

Perjury is certainly wrong but it is rarely prosecuted.

Is small claims court an option? I am concerned about all this being on my record and harming my image.

 

[Just Blue]

I do have a lawyer, but there is limited service and as you know, it can get costly.

Then you should treat the volunteers with more respect if you wish to continue getting guidance.

 

[quincy]

I would then ask what the purpose of having people swear in is. And why the document/affidavit states that the contents contained are signed under penalty of pergury. What's the point of all this? I'm not a lawyer, so just curious.

The point of swearing to the truth of statements is, I suppose, to encourage people to tell the truth. And there ARE penalties for lying under oath, and perjury CAN be charged. It’s just not common because most lies will be inconsequential.

I remember sitting in on one hearing where the judge started off by saying, “Let the lies begin.”

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