Legal Question in Civil Litigation in California

Slander

My ex-wifes boyfriend is a real jerk--he is always making rude-vular comments about me to my daughter who lives with her mom and the other night on a drunk rage he called my house 6 times using foul and vular language. I have our other 2 young children living with me , and I dont need him calling here talking that way . Hew is oviously on drugs or alchol and I dont think my daughter should be living there with them either--she is 16 and altho she wanted to live with me,she didnt want to leave her friends and boyfriend when we sold the house after her mom and I seperated-(I moved an hour and 1/2 away to a different county--what can I do to stop this jerk and can I sue in small claims for slander? I have the recorded messages still on my answereing machine


Asked on 9/23/05, 1:48 pm

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Slander

I would 1) report him to the phone company for abusive phone calls; 2) seek a civil harassment restraining order in the court.

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Answered on 9/23/05, 2:53 pm
Cynthia Beckwith Law Offices of Cynthia Beckwith

Re: Slander

I agree with the previous answer. In addition, you may want to look in your divorce agreement to see if there are any provisions in there stating that your ex-wife cannot make defamatory statements (and, by extension, cannot allow those living in her household to make defamatory statements) about you, and/or cannot allow drugs and/or alcohol in the household. If so, you should consult with the attorney who represented you in the divorce to see what actions you could take.

You might also want to re-post this question in the family law section of this bulletin board.

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Answered on 9/23/05, 3:26 pm
Daniel Harrison Berger Harrison, APC

Re: Slander

You can sue for an injunction, which is a court order preventing him from making phone calls to you. If he violated the court order, he could be held in contempt and put in jail. In addition, you may also want to use the messages as evidence that your daughter should be living with you instead of your ex-wife.

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Answered on 9/23/05, 4:25 pm


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