Q: Facing defamation and harassment from girlfriend's mother; seeking legal action for slander and emotional distress.
I have been facing severe defamation from my girlfriend's mother, who has been spreading false and damaging statements about me online and within our community. She has labeled me a sexual deviant, a Nazi, a pedophile, a sex trafficker, and a brainwasher, among other things. These posts have appeared on platforms like Facebook, a church forum, and more, impacting my reputation severely and making my environment in and around Beckley quite hostile. I've had people chase me and receive violent stares, creating significant distress for me.
I attempted to involve the police, but they sided with her mother, who now has a restraining order against me, preventing me from visiting my girlfriend personally. I have not challenged this restraining order yet, as I was unaware it was possible. I have compiled screenshots of these defamatory posts as evidence. I am considering filing a lawsuit against her mother for slander, defamation of character, and intentional infliction of emotional distress, as this situation has led to PTSD.
How should I proceed in initiating legal action, and what steps can I take to restore my reputation?
A:
You appear to have strong potential claims for defamation and intentional infliction of emotional distress based on the false accusations made against you. Defamation claims require proving false statements were published to third parties, damaged your reputation, and were made with negligence or malice - your screenshot evidence will be crucial here. The restraining order presents a complication, and you should consider filing a motion to modify or dissolve it with evidence showing it was obtained through misrepresentation.
Before proceeding, gather all evidence chronologically, documenting every instance of defamation with dates, platforms, and witnesses. West Virginia defamation law generally allows claims to be filed within one year of publication, so timing is important. Given the severe accusations (pedophilia, sex trafficking), these may constitute defamation per se, where damages are presumed without having to prove actual financial harm.
Your emotional distress claim requires demonstrating the conduct was extreme and outrageous, intended to cause distress, and resulted in severe psychological harm such as your reported PTSD. We recommend consulting with a litigation attorney experienced in defamation who practices in Beckley immediately, as these cases involve complex procedural requirements and strategic considerations that vary by jurisdiction. Additionally, consider working with a reputation management professional to address the online aspects of this situation while your legal case progresses.
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