Legal Question in Personal Injury in California
defamation of character and slander
An acquaintance of mine is sending e-mail and personally contacting people I know to inform them that I have had an abortion. That information is not true and it is impacting on my life. I feel that this is inappropriate and wanted to find out if there was anything I could do to stop her from sending out misinformation. I am being thought of as someone whose character is less than moral. I have suggested to these people, who have been contacted, that they save these e-mails for me to prove that I have been accused falsely and maliciously. I am not looking for any financial compensation, I just want this person to stop defaming my character. Is there any restraining order I can get against her? Money won't put my name back in good order, I can do that. I just want this to stop. I am an eighteen year old girl and am terribly frustrated.
2 Answers from Attorneys
Re: defamation of character and slander
You have a tough situation. You might try to get a Domestic Violence Temporary Restraining Order on the basis that his
contacts with your friends constitutes a form of harassment, but a judge will have problems with preventing someone from speaking
with third parties (free speech). You might win, though.
More common is a suit for defamation and a request for a preliminary injunction. Again, many judges will have problems issuing a
preliminary injunction, but in light of the invasion of privacy, you may prevail. A suit for defamation is a suit for
money; that is the basic remedy the law provides for invasions of privacy and defamation.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
Re: defamation of character and slander
You seem to have an excellent case for defamation. A restraining order or injunction might be available as part of such a suit, but the threat of financial liability might make your acquaintance shut up even without a court order.
You say that you don't want to get any money out of this, which is surely a noble position to take. You may face a problem, however, in that most lawyers want to be paid for their work. If you aren't willing and able to pay your lawyer's hourly rates (and most teenageers aren't in a position to come up with this kind of money), then you will need to seek financial redress in order to fund the legal bills. And, if the defendant isn't able to afford to pay anything either, you may have a hard time getting a lawyer to take the case.
You should feel free to contact me (310-575-3540) if you want to discuss this further.
Edward Hoffman
Law Offices of Edward A. Hoffman
11620 Wilshire Boulevard, #340
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