Q: Should this be small claims, which state to file if so?
I will do my best to keep this brief yet concise. I have primary residential custody of 4 children who were the product of a previous marriage. I remarried and we live in Jackson County MO.The divorce and custody agreement were filed in Leavenworth County KS. There is an open child abuse investigation naming the defendant( The father and resident of LW county). The case is with the county prosecutor’s office, there are multiple claims, documented by forensic medical staff and the LV county sheriff. The defendant has a significant other ( not married, nor do they cohabitate) who has posted multiple libelous statements on social media, specifically naming myself and my spouse. One such instance coincides with the dates where one of our children was being treated for their injuries at Children’s Mercy. I have documentation to corroborate these statements. As far as the libelous statements made by the S.O., small claims or circuit court via atty? Can we file this separate case in JACO?
It’s unclear what relief you seek. Small claims court is only for money damages. Okay you seek injunctive relief, such as an order into remove the defamatory statements, you cannot get such relief in small claims court.
Whether you hire an attorney to sue will depend largely on whether you are willing and able to spend a lot of money on the matter. In addition, you’ve stated that the statements a libelous but an attorney would need to assess whether they are objectively false statements, as opposed to subjective statements. Even if the statements are objectively false, actual damages is an essential element of a defamation claim in Missouri. Did someone read the social media posting, believe it, and stop doing business with you? That is one example of actual damages.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.