Legal Question in Personal Injury in New Jersey
slander, defamation of character
I realize that this might be picky but a message needs to be sent. My son is in a bitter custody battle with his ex-girlfriend. He had to file a custody complaint because she restricts and denies access to his son. Through his lawyer, I offered to watch the baby a few days a week to help cut child care expenses. When she responded to the courts in her civil action, she attacked me by saying, ''Plaintiff's father unquestionably lacks the skill, experience and necessary... and is also a heavy alcohol drinker, and is unfit for such a role...'' I've been married for 31 years, 3 kids: oldest a college grad and sucessful, middle one is a third year med student and yougest is a college senior. Wife is an adolescent psych nurse and i just retired after 28 years in federal law enforcement. I probably did something right. No alcohol related incidents in my life. This woman thinks she can steamroll over everybody and rules don't apply to her. I would like to send a message even if I have to file suit myself. Can you help? Do I have a leg to stand on here? I still maintain a top secret security clearance enabling me to do contract investigative work and am going to enter local politics.
1 Answer from Attorneys
Re: slander, defamation of character
Unless your son's girlfriend is spreading this stuff in the community, I wouldn't waste my time responding to it with a suit. She, and her attorney, enjoy a limited "litigation privilige". Those remarks contained in a legal pleading are not actionable.