When in Court , the Defendant Stated That I Had Abused My Previous Spouse
My question involves defamation in the state of: Indiana
My ex-wife no longer lives in the state, but I have verified that she will communicate that nothing of this sort has happened before. The defendant says that he was informed of this by his ex-wife(my current spouse) while they were married.
For a little background, the court case is concerning who the custodial parent. Just the implication disparages my credibility as a caregiver and insults me as a man. Is he protected because he says that his ex-wife told him this? She has told me that he is lying, and while I believe her, there is no way to prove that in a court
Re: When in Court , the Defendant Stated That I Had Abused My Previous Spouse
It's moot anyway - what is said in court is generally precluded from being used in any defamation action.
That, and really - you could never prove that your ex-wife didn't tell him all sorts of things.
Re: When in Court , the Defendant Stated That I Had Abused My Previous Spouse
Implications are implications. Courts work on FACTS. The protection factor is that if the ex wife has some opinion on the matter, then SHE needs to be the one being questioned before the court. Otherwise, it's hearsay, and your attorney should be expected to object before the sentence is even complete.