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Slander

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Tracey-Lee View Drop Down
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Joined: 09/February/2012
Location: Australia
Posts: 3
  Quote Tracey-Lee Quote  Post ReplyReply Direct Link To This Post Topic: Slander
    Posted: 09/February/2012 at 11:23
Just a question, my Fiances ex wife (they have 2 kids together 7 & 10 which is 53%/47% custody) over the past 7 years has slandered my good name and just rececently I had a visit from a detective and the Child protection agency and she states i have been biting her kids, bashing them into walls all you can think of. She calls the family up telling them what a homewrecking x i am etc. My fiance has spoken to the kids and they say that their mum tells them to say these things. What legal action can I take?

MartinO View Drop Down
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Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 09/February/2012 at 17:31
Very little. The offence is defamation these days, slander (spoken) and defamation (written) have both been replaced with the one offence called defamation.

If she honestly believed that you had offended in this way, she is entitled to make a complaint to the police. Usually the police will investigate and if they find substance in her statement they will warn you or prosecute you. If they do not they'll do nothing.

What did the police do when they visited you?

If this person is continuing spreading damaging but untrue gossip about you, and you want it to stop, perhaps you should engage a solicitor to write to them and threaten prosecution if they continue. Are they still doing this, if not often the gossip will stop, however if not perhaps you should visit a solicitor to write to this person threatening that they will prosecute if the untrue statements continue.

Be aware that to take action through the courts may cost you a lot of money.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

JuraS View Drop Down
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Joined: 23/November/2011
Location: Australia
Posts: 103
  Quote JuraS Quote  Post ReplyReply Direct Link To This Post Posted: 17/February/2012 at 07:22
Unfortunatly that's correct, if it is her "honest opinion or believe" that you did such thing (or at least she claims such to be her honest believe and opinion), it could be very hard. Not saying that it will be impossible. They will also look at the actual damage and harm caused. Is there a well eatabished reputation which got destroyed due to her action? Did you suffer a financial loss due to her action? And so on... Now, its probably not worth to take legal action. You might have a small chance but you probably won't have the outcome you would wish for (financial compensation? Her paying in another way for what she did). The Legal costs and stress aren't probably worth it. Now, do you really want to sue your step children's mother? By the sounds of it, she will probably tell her kids that she has to go to jail cause of you.

You have my symphatys as I am a step mother as well. I am lucky my husbands ex wife isn't crazy and the only issues we have are access and financials (well they go par in parcial)... A personal recommendation I could make is, telling her that you are considering legal action against her. If the kids say something you can always say it isn't true. It may prevent her from making these accusations against you.

iconoclast View Drop Down
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Joined: 04/January/2010
Location: Australia
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 19/February/2012 at 17:12
well she will probably keep on according to you "lying" as it's in her interests to do so according to your story. It will make no difference to her whether what she says is true; but what if it really is true? And if it's not true then why is it not true exactly?
not legal advice

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