Defamation or Slander?

[mareeh]

Ok...

I posted something similar in a different area but I would like to know:

My Fiance, fighting child custody in California.

His ex-wife and her family (we believe open an email) under my Fiance's information. They used that email account to threat and harrass another individual, posing as my Fiance, (*NOTE* that individual is ex-wife's family).

We are going through a tough time trying to clear things up, as that "individual" have filed a police report against my Fiance for threats and harrassments.

Can we sue for slander/defamation? My Fiance was not allowed to be heard in Custody Hearing, to defend himself from those emails, as those emails were submitted to the Judge and the Judge considered it to be "SHOCKING!"

Frustrated...and just want to get to the bottom of this issue.

Thanks.

[aaron]

In order to sue somebody, you need to be able to identify the person responsible. As was suggested in your other thread, this is something for your fiancé to discuss with his lawyer, but (absent a statute of limitations issue, which his lawyer should be able to clarify for you) his priority should be to clear himself of the charges.