Legal Question in Family Law in New York
slander
my girlfriends soon to be ex husband and his therapist have in court papers accused me of being part of a sexual harrasment suit which is untrue and being a pedophile. both of which are false statements. i have never met with his therapist yet she made these remarks to his attoreny in an attempt to keep me away from her children. is this slander and can i do anything about these false statements. thank you
2 Answers from Attorneys
Re: slander
I am sorry but no this would not raise up to the level of slander. if it was made truly public it might become slander at a future date but these things rarely get that far.
Re: slander
If the false allegations are written, they would be libel, not slander. However, if they are contained solely in court papers, it is almost impossible to recover, because court papers are highly privileged, and, under New York law, in order to be found to be sufficiently defamatory to allow a recovery, you must show that they were put in the court papers for the sole purpose of distributing the otherwise libelous statement in a way to avoid a lawsuit - that is, if there is another motivation (as you indicate in your posting - to keep you away from the children) the libel case would fail.
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