Legal Question in Family Law in New York
harrasment
Can my husband criminally charge his ex wife with harrassment if she has left numerous messages on his answering machine bad mouthing him. She also called his job, saying he is not paying child support, which is a lie. Is this Slander? Can I make a criminal charge against her for slander as well, since she referred to me as ''his whore that he is sleeping with'' in this phone call?
1 Answer from Attorneys
Re: harrasment
Ok, yes your husband can go to the police for the aggravated harassment. No there is no slander in her comment as defamation of character requires that she repeated the comment to someone other than you and that they relied on it.
The slander against your husband at his place of employ is actionable but someone will have to testify that they believed her and that it affected the way they perceived him or affected a decision they had to make about him. The damages at this point are probably small and not worth the civil case costs.
My best suggestion is to preserve the answering machine tape and have her arrested for Aggravated Harassment. Do not let the Police talk you out of it. If they refuse to help, go to the District Attorney's complaint bureau and file the complaint there.
Good luck.
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