Legal Question in Personal Injury in California
Defamation of Character
Hello. Would my next-door neighbor's actions towards my 12 year old daughter would be considered ''Defamation of Character''? We have had a long-running dispute with these neighbors because they have protested (unsuccessfully) the remodeling of our home. Last fall the wife, also a mother of a 12 year old girl who was close to my daughter prior to the dispute, verbally abused my daughter and made threatening statements to her. My daughter was terrified and thought this woman might hurt her. We went to the police and learned that prior complaints have been made against this woman for verbally abusing other kids. We then suggested third party mediation but they refused. We've recently learned that this mother is telling other parents in our small community that my daughter is wild, has no rules, is completely out of control, is sexually deranged and morally bankrupt (yes, at age 12!). She's a good kid - straight A's, sports, dance, lovely friends, etc. It is damaging my daughter's reputation - other parents have told us they've had to defend her at picnics and barbecues. This woman scares us (Texas Cheerleader Mom comes to mind) and I'm wondering if a legal threat (and a threat to her PTA reputation) would stop her.
4 Answers from Attorneys
Re: Defamation of Character
Mr. Moschopoulos is correct in all respects. However, I would like to add a couple of ideas. Being involved in litigation can be very stressful, especially for a 12 year old child. If your child would be willing to go through litigation (You may want to discuss this with a child therapist first), then you must consider the next idea. If you do wish to bring a civil lawsuit against this woman, you should make sure that she has assets. Many times litigants prosecute lawsuits, suffer the stress, and win, only to find that the defendant is worth no more than a bag of trash, and all the litigation was merely an exercise in futility.
Good luck.
Re: Defamation of Character
Mr. Moschopoulos is correct in all respects. However, I would like to add a couple of ideas. Being involved in litigation can be very stressful, especially for a 12 year old child. If your child would be willing to go through litigation (You may want to discuss this with a child therapist first), then you must consider the next idea. If you do wish to bring a civil lawsuit against this woman, you should make sure that she has assets. Many times litigants prosecute lawsuits, suffer the stress, and win, only to find that the defendant is worth no more than a bag of trash, and all the litigation was merely an exercise in futility.
Good luck.
Re: Defamation of Character
Mr. Moschopoulos is correct in all respects. However, I would like to add a couple of ideas. Being involved in litigation can be very stressful, especially for a 12 year old child. If your child would be willing to go through litigation (You may want to discuss this with a child therapist first), then you must consider the next idea. If you do wish to bring a civil lawsuit against this woman, you should make sure that she has assets. Many times litigants prosecute lawsuits, suffer the stress, and win, only to find that the defendant is worth no more than a bag of trash, and all the litigation was merely an exercise in futility.
Good luck.
Re: Defamation of Character
If your neighbor has made threats of physical violence against you, your daughter, your family, or your daughter's friends, then file a report with the police for 'criminal threats.'
As for the defamatory statements, generally speaking, you should have witnesses that can verify the statements made/published concerning your daughter. Additionally, you will have to prove the damages your daughter has suffered as a result of these statments; emotional distress, loss of reputation, etc. Damages from statements concerning a woman's chastity i.e. sexual promiscuity are generally less burdensome to prove.
Speak with a local attorney about filing an action for defamation, intentional and negligent infliction of emotional distress, etc. Your recovery, if any, may possibly be satisfied from your neighbor's homeowner's insurance policy.
Best of Luck.
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