Legal Question in Civil Litigation in Virginia

My X-wife promoted, condoned and facilitated the use of drugs by my daughter when she was a minor in her 'mother's' custody. My daughter eventually died from drug abuse a little over three years ago. I have an audio tape one of my daughter's made while hiding in the mother's bathroom proving this. The Commonwealth Atty here in VA said that they could not file criminal charges because my daughter who was the visctim is deceased.

My quation is: If I were to send copies of this tape and a list of other provable abuses dodne by this x-wife to her family members and the school district where she taught (she is retired) would I likely lose any civil action brought against me by this x-wife, or would 'the preponderance of evidence' on my part prevail?


Asked on 9/07/11, 1:21 pm

1 Answer from Attorneys
Gary Mims Sickels, Frei & Mims

Sending a "list of other abuses" could result in a suit against you for libel--you would prevail in such a suit if the allegations are true. If your motive is to harm your ex-wife for the harm she did to you and your daughter, I would advise against it.

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Answered on 9/07/11, 4:07 pm


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