Legal Question in Civil Litigation in Pennsylvania
Defamation of Character Question
What is the burden of proof where an ex-husband is ruining my reputation with false information to community members who knew neither of us? I have children and, though I have been told ''so what'' if he says whatever, it DOES matter because parents of children they would play with are more likely to not allow their children at my home based on what they've heard from him. I am uncomfortable in my own community and have not earned the reputation some believe I have. It is regarding me being a whore (wrong), cheating on him (wrong), into witchcraft (wrong) and a mother who is negligent and makes bad choices for her children (wrong). He is vengeful and TOLD me he would do this and it is coming to pass. I feel helpless to stop this and can't afford to move. Help?? Am I stuck with this?
Please note - he is also an officer and I'm just a stay-at-home mom. I do now live with someone I met AFTER I was separated and have slightly more than 50% custody because I was trying to be nice. It is a horrible mess and I can't afford to fight him in so many ways - do I have a case where he must stop these lies at least?? Note he also tells them to the kids (5 and 8 yrs).
1 Answer from Attorneys
Re: Defamation of Character Question
You would have to show that he said something false, and defamatory, to someone else and, that as a result, you have suffered a loss of reputation or some other damages.
No, you are not stuck with it. You can file a suit against him. The statute of limitations for defamation is one year.
In addition, in the custody order, there may be some sort of clause that neither party is allowed to say negative things about the other parent to the children. If this clause is there, then he could be held in contempt of court.
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