Do I Have Recourse Against False Allegations in a Custody Case?
Full Question:
Answer:
Defamation is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'. Libel and slander are subcategories of defamation. in order to prove defamation, the plaintiff must prove:
1.; that a statement was made about the plaintiffs reputation, honesty or integrity that is not true;
2.; publication to a third party (i.e., another person hears or reads the statement); and
3.; the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. Some statements while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander.; The best example is statements made in a court of law.; An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned.
It may be possible to file a complaint for perjury in court. An affidavit is a formal sworn statement of fact, signed by the author, who is called the affiant or deponent, and witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. The name is medieval Latin for he has declared upon oath. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, meaning it is under oath or penalty of perjury, and this serves as evidence to its veracity and is required for court proceedings. You may need to counter the allegations with other evidence to prove its falsity. It will be a matter of subjective determination for the court to determine the credibility of the evidence based on all the facts and circumstances involved.
