Full question:
What recourse do I have when my wife write my boss an email regarding our divorce?
- Category: Civil Actions
- Subcategory: Defamation
- Date:
- State: California
Answer:
The recourse you have depends on the specifics of the situation, particularly whether the statements in the email are true. If the email contains true information, it is generally not considered defamation. Defamation involves false statements that harm someone's reputation, causing shame or loss of employment. It can be categorized as libel (written) or slander (spoken).
To prove defamation, the following must be established: 1. A defamatory statement; 2. Publication to third parties; 3. Knowledge or reasonable belief that the statement was false; and 4. Injury caused by the statement. Defamation claims can be challenging to prove, as the court will consider how thoroughly the defendant investigated the truth of the statement.
If you believe your wife’s email constitutes harassment, you may seek a restraining order. This is a legal document issued by a judge, which can protect you from further communication. Restraining orders can be temporary or permanent, depending on the circumstances.
For specific legal advice, consider consulting a qualified attorney in your state.
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.