Found an issue on this page? Let us know and we will look into it as soon as possible.
Can I sue my husband's ex-wife for libel,defamation of character and harassment?
Anonymous10 views3 answers
My husband's ex-wife has filed at least three motions in their post divorce proceedings stating false allegations about me. The allegations are: that I never graduated from high school, that I walk through her neighborhood telling the neighbors she is crazy and had an affair, that I leave my son home alone all night, that I am a drunk, that I tell the kid's friends nasty comments about the mom, she attempted to get a restraining order against me through the local police with false allegation that was disproved by pictures proving she is the one who assaulted me - I never went to the police in the first place with hopes she stop with her antics and my house has had vadalism to it. I have no proof that it is her or her adult son doing the vandalism, suspect it's them. I have no enemies.
Unfortunately you do not have an action against your husband's ex-wife for libel, defamation or harassment. However, if the ex confronts you directly, you can and should call the police. Sadly, this unfortunate course of conduct is not uncommon among bitter former spouses. If the ex continues to bring bogus legal actions, you might be able to get fees and/or other monetary damages by virtue of false pleadings and harassment by alleging a violation of Supreme Court rule 137 and/or perjury.
Since we do not have all the facts, there may be other alternatives for you. You should keeping a detailed record of all the instances alluded to in your message above. Take your written record to an experienced family law attorney and find out if you have other options.
I am sorry that you have had to endure this.
Even if the statements are defamatory, one of the recognized defenses to defamation is where the statement is made during the course of a judicial proceeding (assuming the matter is relevant to the litigation).
You may want to sit down with an attorney and all documentation nonetheless, as there may be one or more causes of action available to you. You might, for example, have a claim for intentional infliction of emotional distress, civil assault, and civil battery.
Good luck.
You might, possibly, have a case under some tort theory -- maybe Intentional INfliction of Emotional Distress -- but why in the name of God would you want to get into a legal scrap with this woman? She'll just counter-sue and then you'll be in for a fight that will cost at least $10,000.
The best revenge is living well.
