Re: Innocent, Caught in Crossfire
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jk
Op needs to understand the plaintiff is protected by privilege when filing a suit and testifying in court. That defeats a claim of defamation. Op needs to defend himself if he is named as a defendant in the suit or otherwise called to testify. Otherwise there isn’t anything for him to do.
Are you aware that the OP is not named as a respondent or party to the RO application? If so, do you know of any competent legal authority that would extend the litigation privilege to cover allegations slandering a person having no interest in the proceedings?
Also, if so, how would you propose to show that the libelous per se misconduct allegedly attributed to the OP in any way serves to achieving the object of the litigation; to-wit: the issuance of a protective order enjoining the complained conduct of another person.
Re: Innocent, Caught in Crossfire
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latigo
Are you aware that the OP is not named as a respondent or party to the RO application? If so, do you know of any competent legal authority that would extend the litigation privilege to cover allegations slandering a person having no interest in the proceedings?
Also, if so, how would you propose to show that the libelous per se misconduct allegedly attributed to the OP in any way serves to achieving the object of the litigation; to-wit: the issuance of a protective order enjoining the complained conduct of another person.
In the first post it does seem as though serious accusations were made against the OP in the original complaint. Therefore I don't think that we can rule out the OP being a defendant. He needs to have a local attorney review the complaint.
Re: Innocent, Caught in Crossfire
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llworking
In the first post (?) it does seem as though serious accusations were made against the OP in the original complaint. (?) Therefore I don't think that we can rule out the OP being a defendant. (?) He needs to have a local attorney review the complaint.
The OP's "first post"? Where is his second"?
And what do you mean "original complaint"? There is no complaint - original or otherwise. Nor is there a defendant.
The process for securing a civil restraining order in California is initiated NOT by filling a complaint, but by completing and submitting Form CH 100 entitled "Request for Civil Harassment Restraining Orders" in which the named parties are: (1) "The Protected Person" (commonly referred as the Petitioner), (2) any "Additional Protected Persons" (family, household members, etc.,) and (3) "The Restrained Person" (commonly referred to as the Respondent)
Last the reason that: (1) You "don't think that we can rule out the OP being a defendant" . (2) You only harbor suspicions as to the serious nature of written accusations that are libelous per se. (3) You have failed to recognize, much less address the core question of whether or not the libelous statements contained in the Request for Restraining Order directed against a person that is not a party to the proceedings are privileged and hence not actionable. Is because in my humble but considered opinion your are plainly ill-equipped and unsuited to participate as a contributor to this law forum.
Re: Innocent, Caught in Crossfire
Again, unless he is the person "Request for Civil Harassment Restraining Order" he has no rights to inject himself into the restraining order procedure. Further, nothing said about him in the filing is actionable.
Re: Innocent, Caught in Crossfire
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flyingron
It depends what he meant by "named". If they just mentioned him in the supporting information, there's nothing to "defend." If the RO is directed against him, then yes he needs to take action. I assumed the former.
she quit and opened up a harrassment lawsuit against the company they both worked for. Both acting like teenagers back and forth which I opted to have no part of, until just recently. My GFs old friend has opened up a restraining order process against my GF, but named me in their written statement. Her and her boyfriend are stating that I have called them and left threatening voicmails promising violence and death threats and that I have been arrested on multiple accounts for drug related crimes. I have not taken a drugs besides alcohol in over 20 years and have certainly never called and made any threats. I consider their accusations against me be a defamation tort
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DENIMKATY
she quit and opened up a harrassment lawsuit against the company they both worked for. Both acting like teenagers back and forth which I opted to have no part of, until just recently. My GFs old friend has opened up a restraining order process against my GF, but named me in their written statement. Her and her boyfriend are stating that I have called them and left threatening voicmails promising violence and death threats and that I have been
Tutuapp 9Apps ShowBoxarrested on multiple accounts for drug related crimes. I have not taken a drugs besides alcohol in over 20 years and have certainly never called and made any threats. I consider their accusations against me be a defamation tort
It depends what he meant by "named". If they just mentioned him in the supporting information, there's nothing to "defend." If the RO is directed against him, then yes he needs to take action. I assumed the former.