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  1. #1
    Join Date
    Nov 2008
    Posts
    1

    Default Do I Have a Basis for a Suit

    My question involves defamation in the state of: Georgia

    I went through a divorce three months ago. My wife filed a temporary protective order against me accusing me of wanting to kidnap my son about two months ago. She had no basis for her claim but was granted a TPO on the basis that she was "scared". She used to work for the Department of Family and Children Services and knows the system really well. The judge granted me the right to resume our child visitation two weeks after the order was served to me, and about a month ago I dropped my kid to her place and she called the police (the judge allowed me to drop my child but only during the drop-off times, but this was in the middle of the weekend -my kid needed his DVD). I was charged with a felony and aggravated assault but was fortunate to hire a good lawyer and get me out of jail. Hopefully the charges will be dropped based on the fact that I did not threaten my wife but only dropped my son so he could pick up some stuff (I stayed in the car and did not call her nor email her).

    In her TPO, she wrote that I was a drunk, a wife beater, a drug dealer, a criminal, that I was getting my 6-yr old alcohol and other awful things. I never did any of them and was never arrested.

    Can I file a suit for slender or libel and have a remote chance of getting some relief or is there basically nothing I can do?

    Thank you very much!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Do I Have a Basis for a Suit

    There are two questions to consider here:

    First, what damages - quantifiable, actual damages - have you suffered? You weren't arrested. It does not seem that this has resulted in you losing your job.

    Needing to hire an attorney to defend you on the violation of the PO? Iffy. You did go over outside of the court's mandated times. Court orders need to be followed to the letter, always, no exceptions, or there's going to be trouble.

    Second, if you were to win a judgment, is she in any position to pay?

    Something sounds wrong here, though. Felony aggravated assault? For sitting in your car? Simple violation of a PO is usually a misdemeanor. What happened?

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