Full question:
My son and his ex are going through a nasty custody fight. His ex has made accusations in her affidavit about my wife encouraging drug use by our children. In a second filing she claimed that my wife and I sat at our kitchen table laughing about my kids being high on drugs and encouraging there use. She is using this to prevent us from seeing our grandson. It is all a lie. Do we have legal recourse against her ?
- Category: Civil Actions
- Subcategory: Defamation
- Date:
- State: Massachusetts
Answer:
Defamation occurs when someone makes false statements that harm another person's reputation. To prove defamation, you must show three things: 1) a false statement was made about you or your wife; 2) the statement was shared with a third party; and 3) you suffered damages as a result.
Slander refers specifically to false spoken statements that damage a person's reputation. Some statements made in court, including affidavits, may be protected by absolute privilege, meaning the speaker cannot be sued for defamation in those cases. However, if the statements made by your son’s ex are untrue and damaging, you may have grounds for a defamation claim.
Additionally, if the ex-partner knowingly lied in her affidavit, you might consider filing a complaint for perjury. An affidavit is a sworn statement, and making false claims under oath can have legal consequences.
It’s important to gather evidence to counter these allegations and demonstrate their falsity. The court will assess the credibility of the evidence based on the facts presented.
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.