Is a Libelous Declaration filed with the court actionable?

Question

Is a Libelous Declaration filed with the court actionable?

Anonymous Oct 9, 2010 2 views 2 answers

My husband's ex-wife, having verbally slandered me to her children and teaching them to call me ugly names, has recently filed a declaration during a support modification, claiming that I have "severe emotional problems" and am "mentally unstable" The document is not only a matter of public record but was sent to the Prosecutor's office, who then filed it with the court on the mother's behalf. Her custodial intereference has caused her daughter to cease visitation with her father and the child wrote a scathing letter to her father claiming that the reason she will not see him is that I am "unstable around women."

Elizabeth Powell · Answer 1 · 2026-06-15T10:33:06+00:00

Mr. McDowell is right; you do not have a cause of action against a person for statements made in court pleadings. Promise you that this is being done to provoke you, and to run up the bill, so don't respond. Hope this helps. Elizabeth Powell

Lonnie K McDowellBankruptcy AttorneyPrescott Valley, AZ · Answer 2 · 2026-06-15T10:33:06+00:00

Statements in court pleadings are protected from libel claims; instead, the remedy is to seek penalties for perjury or sanctions for "scandalous or impertinent" allegations within the court case itself.

Is a Libelous Declaration filed with the court actionable?

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