Los Angeles, CA asked in Criminal Law for California

Q: Someone is saying I am a child abuse and I have no case like that. Can I sue them

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, making false accusations of child abuse can be considered defamation, which is a civil offense. If someone has falsely accused you of child abuse and you have suffered damages as a result (such as harm to your reputation, loss of employment, or emotional distress), you may have grounds for a defamation lawsuit.

To succeed in a defamation claim, you generally need to prove the following elements:

1. The statement was false.

2. The statement was communicated to a third party.

3. The person making the statement acted with negligence or malice.

4. You suffered damages as a result of the false statement.

However, before proceeding with a lawsuit, consider the following:

1. Gather evidence: Collect any evidence that supports your claim, such as witnesses, written communications, or recordings.

2. Consult with an attorney: Speak with a defamation lawyer to assess the strength of your case and discuss your legal options.

3. Consider the potential consequences: Lawsuits can be time-consuming, expensive, and emotionally draining. Weigh the potential benefits against the costs before proceeding.

4. Explore alternative solutions: In some cases, sending a cease-and-desist letter or engaging in mediation may resolve the issue without the need for a lawsuit.

Remember that this information is general in nature and should not be considered legal advice. Always consult with a qualified attorney to discuss your specific situation and determine the best course of action.

Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in California

A: Yes, if "someone is saying [you are] a child abuse and [you] have no case like that" you can sue them. Whether you have a viable case is unknown. There are many factors that need to be considered if it is worth it. It will be expensive, so you will need money to begin.

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