I want to know how to file a civil lawsuit against another person for defamation.. what evidence do I need? Do I need lawyer?
Question:
The mother of my child who I am not in a relationship besides having a child.. Drove by my house,saw I was having a party and decided to call the cops on me claiming I was drinking and would be driving my son home while intoxicated. Cops met me a residence while I was dropping of my son and gave me a breathalyzer. I did it with no problem. It read 0000. And they let me go. I have a CDL and drive a truck for a living ..that could have cost me my livelihood. And my child. The mother of my child continues to make false accusations and harass me.. I feel like she should be accountable. How do I do this??
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Answer:
As an experienced Saratoga Family Law Attorney, I am often asked about situations like this. The situation you outline presently seems to be a civil rather than a family court matter. The false allegations sound presently like slander per se, and you may want to consult with a civil attorney if you would like to move forward with that claim—though it may be a difficult and costly pursuit.
If, however, your ex continues to drive by your home and make false police reports to you, you may be able to file a Family Offense Petition against her in family court, if the behavior rises to the level of stalking or harassment.
Are you facing harassment from an ex or current relationship? Contact dedicated Saratoga Family Law Attorney Jennifer Sunderlin Morton for help.
This legal question was provided by Avvo and answered by Jennifer Sunderlin Morton, an experienced Saratoga Family Law Attorney. This does not consent an attorney client relationship.
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