Legal Question in Family Law in California
Help!!!!!!!
My girlfriend just got served custody papers by her ex-boyfriend stating that she is a drug user and a partyer and an unfit mother. She is none of these and will submit to any drug test they can give. also in the statement he states that it is to his personal knowledge that i am a known gangmember. he does not know me. I am in process of becoming a police officer. can i sue him for slander and/or racial profiling due to me being hispanic?
2 Answers from Attorneys
Re: Help!!!!!!!
You cannot sue him for the false statements he made in a document filed with the court. However, you should be able to prove that you are not a gang member and your girlfriend should have a hair folicle drug test done. If she proves that he is lying about her taking drugs and your gang involvement then he should have little success in court. Retaining counsel for this hearing will assist her in getting the best outcome.
Re: Help!!!!!!!
Unfortunately, communications that are published as part of a judicial proceeding are not actionable for a defamation suit. However, if your g/f's ex is simply making these outrageous allegations for personal reasons or gain, and the statements are clearly false, you and/or your g/f may have standing for abuse of process. However, more details would need to be given. If you would like a free consultation, contact us directly.
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