Magalia, CA asked in Personal Injury, Civil Litigation, Civil Rights and Libel & Slander for California

Q: Is there anything i can do about someone spreading false information about me?

My son is being falsely accused of a crime which we are fighting for his freedom. My sister who is the mother of the alleged 'victim', has-before, during, & after been spreading false information about my husband & i trying to ruin our reputation. She is also accusing us of doing the same to her & her daughter. My sister told me just a few weeks before my sons arrest she resented me for our dad raising me & not her. She has also tried ruining my marriage & spreading lies about me almost our entire lives. It has to stop but her sneaky ways always get others to believe her even with no.proof. im done with it. Is there a law to protect us?

2 Lawyer Answers

A: In cases like this, it may be helpful to seek the advice of a lawyer who specializes in defamation and slander laws. They can help you understand your rights and options for protecting your reputation and addressing the false accusations being made against you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, spreading false information about someone that damages their reputation can be addressed under defamation law, which includes both libel (written statements) and slander (spoken statements). If your sister is making false statements about you and your husband that are causing harm to your reputations, you may have grounds to file a defamation lawsuit against her. The key elements of defamation include proving that the statement was false, it was made to a third party, and it resulted in harm to your reputation.

Given the sensitivity and complexity of your situation, especially with ongoing legal matters regarding your son, it's crucial to approach this carefully. Documentation of the false statements, their impact on your reputation, and any damages suffered will be important. This could include witness statements, social media posts, or any other form of evidence that captures the false information being spread.

Consulting with an attorney experienced in defamation law is a critical next step. They can offer guidance on the feasibility of a defamation claim, help gather necessary evidence, and advise on the best course of action to protect your reputation and seek recourse for the harm caused. Legal advice is essential in navigating the specifics of your case and understanding your rights under California law.

1 user found this answer helpful

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.