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  1. #1
    Join Date
    Mar 2006
    Location
    Atwater, MN
    Posts
    1

    Default Could this be slander, defamation or libel

    My husband and his ex were going through some legal mumbo jumbo over medical bills, and weren't able to get along. So I offered to pick up my stepson and drop him off every other weekend. At the time my stepson was getting into all kinds of trouble at school, and wouldn't tell his own parents why or what the reasons were, or anything. Being that I could relate I would talk to him. And I would tell both his dad and his mom because for whatever reason he refused to tell them. Ok, so one weekend he said he would rather live with us than his mom, I went to tell his mom this, and I personally think she probably would of handled it well with a response, but her new husband said that my husband doesn't pay for medical bills and this and that, and that he had no right to decide where their son should live. This guy was screaming and calling me names and his wife had to hold him back like he was trying to make a threat against me, or he wanted to get physical. All I could say to them, was that you wonder why he acts up in school. I left and called the sheriffs department and tried to speak with a deputy , and told them what this guy said and how he acted in front of a 14yr and 6yr old child, they said his property he can do what he wants, and say anything he wants on it. You have to remember this was the county. I found out later it was suppose to be the city pd that I should of called. So about 6-7 mths later, we moved, and my husband had finally convinced his ex that their son should be allowed to come and stay with us on one of his weekends. My husband works nights so at that time it was 6pm to 6am. We live five hours away and he asked me if I wouldn't mind picking him up after his dental appointment. no problem right, I didnt' have to deal with his ex's husband just her. I get down there, for some reason I was pulled over right before I got there, The cop asked if he could do a dog sniffing search and before any other cop car arrived he said he had to leave and told me to just go? So I continue hoping that I'm not late and that they hadn't already left, I get there, and she gives me the most hateful look and says that he can't come with, so I get my husband on the cell phone, and I tell her if you can't tell me why than you should talk to soandso. She bats at my arm in front of my 5yrold and her kids, and refuses to. So all I could do was file a police report. So she leaves. they live in a different county than where the pickup was, so since it was a day before the court order scheduled pick up time, i called the city pd in that other county and explained the situation and asked them if i was to go and pick him up at the scheduled time if they could do anything about it. The officer wasn't going to do anything, but being that i drove five hours to pick him up he went over there and asked her if she was going to let me pick him up at the scheduled time, she said no and apparently the officer told her she was being really petty about it.


    Now when the officer called me back he said that she planned on filing a restraining order. So of course I get served a day late, and have 4 days to be in court 5 hrs away. When I read the restraining order she put in there what her husband did that night i took their son back, but instead of her husband doing that to me it was me doing this to them. i couldn't afford to drive back down there, and the judge refused a telephone appearance, or a written appearance said if I wasn't there than there would be an injunction. I could of gotten the dispatch papers, but it would of token a while for them to look up, so I was in a hard spot there. Now I've got the transcripts, and it would prove that she lied to get her restraining order and the restraining order is public record, can I sue her for slander, defamtion or libel? This all happened in WI

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,084

    Default Defamation to a Court

    Statements made to a court are usually privileged from defamation charges. If I were you I owuld get a lawyer, and get the restraining order set aside.

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