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untrue & slanderous statement on record

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SVCgirl

Junior Member
What is the name of your state? ca

Wasn't sure which thread to post this under...
I am the victim/witness in a DV case. The defendant plead guilty last year and violated his probation terms this year. He is now before the court on a VOP violation. I am under SDT to appear and was placed on call for a specific date and was not required to appear. I pulled the transcript of that hearing. For the record the defendant, by and through his atty of record stated, not alleged, that I(victim) have a deep psychiatric disorder, disability and difficulty. I have never been treated for such, been under the care of a phsician for such or been prescribed medication for such. Since this was stated on the record as a fact can I bring forth a slander suit or move to have the statement striken from the court record? I understand the defendants right to defend himself but clearly he made an untrue, unfounded & slanderous statement about me in an attempt to discredit my testimony. Since the judge is the trier of fact in this case the judge took the atty's words as truth.
Any direction you can provide would be helpful...Thanks
 


quincy

Senior Member
slanderous comments made in court

People can lie in court, and many do just that to defend themselves against crimes. Very few murderers, for instance, are going to say "I did it" if they have hired an attorney to defend them against murder charges. Their attorney may even present "doubt" by implicating someone else in the crime, and it is perfectly legal to do so. Basically then, and unfortunately for you, what is said in court is considered protected speech - and what is said in court, true or not, is privileged. You cannot sue for slander. You COULD petition the court to have the records sealed or the comments striken, however. Usually this is done in high-profile cases where the statements are apt to be reported by journalists covering court hearings. The comments then can become public, whether they are true or not, if the journalist is accurately reporting what is said in the hearing.
 

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