Brandon, FL asked in Uncategorized for Florida

Q: I've been served a restraining order based on lies. Can I sue for libel & defamation?

The comments they make even contradict each other. Accusations made up are ridiculous. Can I sue same day of hearing?

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1 Lawyer Answer
Michael  Mayoral
Michael Mayoral
  • Coral Gables, FL
  • Licensed in Florida

A: You can always sue for libel and defamation, but the real question is whether the lawsuit will be successful. You should consult with an attorney who handles libel and slander cases for that. You should know that Florida’s litigation immunity privilege provides absolute immunity “to any act occurring during the course of a judicial proceeding … so long as the act has some relation to the proceeding.” Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 950 So.2d 380 (Fla. 2007).

What is probably a more important matter is the injunction/restraining order. There are serious consequences with having a permanent injunction placed against you. It is highly advisable that you hire an attorney to represent you with regard to that.

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