Legal Question in Family Law in California
I'm having trouble with my adult daughter who is in abusive marriage. Instead of restraining her husband (like the police said to do), she puts her kids out of the house and tells them NOT to tell anybody about it! They are under terrific stress. Her oldest child, who will be 18 yrs. old July 19, finally "cracked" when her mother told the kids (six in all - ages 17 to 4) that if they talked to anybody about it, CPS would take them all - and I got involved.
Par for her mother's M.O., she puts all the blame on ME for "ruining" my granddaughter's life (who is now staying at her friend's house, is safe so far, in contact with her natural father, and we do intend to confer with CPS).
My daughter is furious about this and all hell is breaking loose! She told the kids she filed a restraining order on me and NOT to get near me! She has NO grounds to file it because I have never done one thing! I have never threatened her, hit her, yelled at her or any other lie she is going to conceive to get this restraining order. Her whole life goal is to make everybody else as miserable as hers is!
If she files a restraining order on me, and her stated accusations are false (I was assured by a previous answer from your website that I will be notified if a RO is filed), can I sue her for defamation of character?
1 Answer from Attorneys
based upon what you have written, you possibly can sue your daughter for defamation for any statement made outside of the court system if it happens. I suggest that you consult with a family law attorney to see what yoiur legal recourse is and how to help your daughter and grand children.
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