Paternal Grandfather Made False Accusations in Police Report

[upsetmother]

My question involves defamation in the state of: Ohio
Ok, my boyfriend and i broke up a couple months back and he took my child while i had custody. I put out an amber alert and a few hours later my ex and his father went to the police station and made outlandish accusations about me to gain custody of my baby. They succeeded by writing a police report saying that i was an unfit mother that i went on cocain binges also that i had hired thugs ?????? The paternal grandfather filed a restraining order saying he was scared of me then didn't go to court???? a few other hurtful things were said as well but i shouldn't post them. Since then my ex and i have resolved our issues but i was still wondering if i can sue the grandfather for publicly defamating my name???

[jk]

it sounds like a possibility but unless you have a lot of money to pay a lawyer and the grandfather has a lot of money to pay any possible award, it isn't practical to consider such a suit.

[upsetmother]

i dont have alot of money, but he does... is it possible a lawyer would do the i dont get paid unless you get paid deal???

[jk]

you can always ask. The worst they can say is no. Personally, I would expect to hear no but you can ask.

[tex11]

You don't have a defamation case if it is based only upon statements made in a police report or legal proceedings.

Beyond this almost no attorney will take on a defamation case on contingency alone, and will expect several thousand dollars upfront in addition to a third cut of any monies awarded.

[Who'sThatGuy]

You don't have a defamation case if it is based only upon statements made in a police report or legal proceedings.

Beyond this almost no attorney will take on a defamation case on contingency alone, and will expect several thousand dollars upfront in addition to a third cut of any monies awarded.

huh, please explain?

[tex11]

huh, please explain?

What are you confused about

The fact that there is an absolute priviledge defense to defamation claims from statements made during any governmental or judicial or quasi-judicial proceedings (which include statements made to the police, and in the request for restraing order)?

Or that under the circumstances no good attorney is going to take such a case on a congtingency only basis? Much less take this case at all if there is nothing more than the statements made to the police and in court?

[Who'sThatGuy]

What are you confused about

The fact that there is an absolute priviledge defense to defamation claims from statements made during any governmental or judicial or quasi-judicial proceedings (which include statements made to the police, and in the request for restraing order)?

Or that under the circumstances no good attorney is going to take such a case on a congtingency only basis? Much less take this case at all if there is nothing more than the statements made to the police and in court?

No, the fact that you state that a lawyer will want to get paid by the hour and then when a settlement is made or an award has been reach, he will want a third of that also.

[Dogmatique]

No, the fact that you state that a lawyer will want to get paid by the hour and then when a settlement is made or an award has been reach, he will want a third of that also.

I didn't read it like that.

A defamation attorney will commonly request several thousand dollars as a retainer - AND request a portion of any damages.

This isn't uncommon...I'm also not sure where your confusion lies, WTG?

[Who'sThatGuy]

I was under the impression that the $7000 was reach by calculating an hourly fee and then a third of the award.

Common practice in my area is to front the money and then take from an award/settlement. If there isn't a strong case, then it wouldn't be taken at all.