My sister-in-law wrote my husband and me a 14 pg letter explaining how she believes we viciously abuse our oldest son and that we will soon begin with our infant. We wrote them off, because they also threatened my husbands career as a military officer and said they would take our boys. now they are going to every family member and even friend of my husbands and asking do they think we abuse our boys? This has gotten out of control, and I can't let it happen anymore without consequence. I refuse to let them or anyone spread such rumors. We have been to the boys dr since (ages 20 months and 5 months) and he said they are both in perfect health, only both have moderate eczema. What can my husband and I do? I personally want to go as hard on them as possible so they learn their lesson. TIA
Marc John RandazzaIntellectual Property Law AttorneyLas Vegas, NV ·
Thanksgiving must have been awkward at your house.
If they are going to family members and asking if they think you are unfit parents, that is most likely not defamation. Defamation is a false statement of fact, about another person, which tends to harm that person's reputation. While you can have "Defamation by implication" (Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008), it is a rather difficult standard to meet.
I would not imagine that an intra-family defamation suit is the right way to handle this.
Sure. Put aside a litigation budget of at least $10,000. Be prepared to have your mental health, reputation in the community, and actions complained of become material issues in the case and expect the tension and agrevation to increase one hundred times. Finally, be prepared for the possiblity that the claims will be considered protected "opinions" and you can lose.
Asking a question is not defamatory in most instances.
Stating an opinion (such as "you don't care correctly for your kids") is not defamatory.
What exact statement of wrongful fact did get published that damaged reputation in the community?
I agree, probably not defamation and it is not worth the money to prove your point. It’s easier to just move on. If you feel threatened by their actions then seek a restraining order.
Good luck.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
This is a family squabble and without a monetary loss, a defamation lawsuit would likely cost you thousands more than you would recover. Best bet is to ignore this nonsense and put it behind you.
Joseph Anthony Zarzaur Jr.Wrongful Death AttorneyPensacola, FL ·
Yes. You can "sue" anyone you want to for any reason. The better question is "will this suit likely result in a favorable outcome?" The answer to that question is that you would likely lose as family skirmishes typically do not play well in the courthouse. I suggest that you visit with a lawyer and allow that person to review all of the facts associated with your case and then give you an opinion. My general feeling is that you probably should not bring this family issue into the courthouse unless the alleged defamation has caused significant financial harm and the defendant has insurance or substantial assets to cover the judgment. So, in sum, see a lawyer but don't get your hopes set on have a legal case based upon the facts as presented to me in your question. Maybe ask your family members to attend counseling sessions with you to help this issue along. Good luck.
Family issues are hard and emotional. Lawsuits are time consuming, lasting about 2 or sometimes 3 or more years, and they will cause you to relive emotional pain for that long and longer. Lawsuits are also extremely costly, and you're not guaranteed a win. Even if you do win, you're not guaranteed collection on the judgment. A lawsuit should be an absolute last resort.
You may want to consider having an attorney send a demand letter to ask your sister-in-law to just stop. However, be warned that whenever you get an attorney involved, even if to just send a letter, it will send a permanent wedge deep between your family members, and there won't be any turning back. Other family members will also get wind of the letter and may begin to take sides. Because this is a family issue, it's extremely delicate, so getting an attorney involved may not be your best option.
Before you get an attorney involved, I would suggest that you and your husband try to just talk to your sister-in-law. Have a genuine conversation and find out why she has these concerns. It may be a simple misunderstanding that you will all be able to work out together. It is natural to be angry, but fighting and continuing to fight is not always the best solution - especially when family are involved. Therefore, try to get past the anger and emotions and work out a solution. If you're both too emotional to speak to each other, perhaps seek the help of a third-party mediator.
You also may want to consider speaking to a counselor or psychologist about the psychological stress you may have endured as a result of these events.
Again, many times fighting through a lawyer is not the best solution - and this may be one of those times. Good luck.
