Legal Question in Family Law in California

I am a pastor who is going through a divorce. My wife is STILL at the church and continues to talk and share with parishoners negative and slanderous thing about me (the pastor). Though the church is a public place, it is ALSO my workplace and she is slandering and spreading our business with members, is there anything that I can do?


Asked on 1/06/11, 1:23 am

1 Answer from Attorneys

James Chau Law Offices James Chau

Its almost impossible to limit someones speech. The US constitution provides strict protections on speech and freedom of religion. Therefore, unless there is violence or credible threats of violence there is not a whole lot you can do. If there is violence then you would be able to file for a restraining order to prevent her from coming near you. But it seems the issue here is simply that of speech, which I believe is protected by the first amendment. You should consider going to a new church, or asking her to go to a different church.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 1/26/11, 9:59 pm


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