Legal Question in Family Law in Illinois
defamation of character
I was just involved in an emergency order of protection hearing in which the plantiff (ex-sister in law) faulsely accused me of sending a threating letter, someone making a threatening phone call to her at work (at the hearing she inserted my name, but not on the police report) and sending a threating text message to her cell phone. A police report was filed on all (3) issues against me. None of which were proven true and the judgement was vacated by her. The intent behind these accusations was to get me to drop a case I have against her son for vandalizing my home. (Which is caught on tape and there is an active warrent for his arrest.) This had caused me to hire an expensive attorney, loose time at work and much mental anguish. Can I sue her for defamation of character and cover the cost of my attorney fees? She''s threating to do this again and isn''t it against the law to file faulse police reports?
1 Answer from Attorneys
Re: defamation of character
You can stop her from this sort of action, but you need to be proactive. The first step is to have your attorney file a restraining order against her, and make the judge aware of the whole situation. Then when she tries this nonsense again, the judge will throw it out and possibly award you attorney's fees (she has to pay your fees). That will stop her quick.