Full question:
My son and his girlfriend have decided to separate. My son is seeking custody of their young son. His ex provided an affidavit to the court in which she has stated that my wife and I allowed our son and his sister to use drugs in our home. She has also accused my wife of providing quilted bags for hiding drugs. What she has stated is a blatant lie. Today in a court mediation she upped the ante stating that my daughter used cocaine as well. Another lie. Do I have legal recourse against this young lady ?
- Category: Civil Actions
- Subcategory: Defamation
- Date:
- State: Massachusetts
Answer:
In court proceedings, statements made are generally protected by a privilege against defamation claims. Defamation occurs when someone makes a false statement that damages another person's reputation. This includes both libel (written statements) and slander (oral statements).
To prove slander, you must show: 1. a defamatory statement; 2. it was published to third parties; 3. the speaker knew or should have known it was false; and 4. it caused you injury. However, defamation claims can be challenging to win. Courts will consider how thoroughly the defendant investigated the truth of their statements. If the defendant had a genuine but mistaken belief in the truth of their statements, damages may not be awarded.
Additionally, if the ex-partner made false statements under oath in an affidavit, this could lead to perjury charges. In Massachusetts, perjury is defined as willfully swearing falsely in a judicial proceeding (G.L.c. 268, § 1). Penalties for perjury can include imprisonment or fines.
For specific legal guidance, consider consulting with an attorney who can assess the details of your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.