Lawyers, Answer Questions  & Get Points Log In
Virginia Libel & Slander Questions & Answers
1 Answer | Asked in Libel & Slander and Personal Injury for Virginia on
Q: If a person said to me via text that they would Crack my jaw should I take this as a serious threat?

I have filed a police report and they said I could see the magistrate to press charges. I did take the threat seriously and it has cause me much anxiety and fear. Should I press charges?

F. Paul Maloof
F. Paul Maloof answered on Aug 10, 2020

I regret that I do not handle personal injury or criminal law matters. Sorry.

2 Answers | Asked in Libel & Slander, Personal Injury and Real Estate Law for Virginia on
Q: What signage is required for an HOA to have your car towed?
Steven Krieger
Steven Krieger answered on Jul 29, 2020

Possibly none. It depends on what the bylaws say, where the vehicle was parked, and if you're an owner, resident, or guest. Good luck.

View More Answers

1 Answer | Asked in Divorce, Family Law and Libel & Slander for Virginia on
Q: My parents are going through a divorce and my mom is making false financial abuse claims against my father.

No

Steven Krieger
Steven Krieger answered on Jun 30, 2020

You have no responsibility to do anything. While your parents divorce certainly impacts you, you do not have any legal responsibility to do anything or be involved. If you WANT to be involved that's a different story and you could be involved as much or as little as you feel comfortable with,... Read more »

1 Answer | Asked in Libel & Slander and Copyright for Virginia on
Q: If I write a historical fiction book on ancient religious sects could I be sued for slander or defamation?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

Yes

Obviously it will depend on what you say

Your defense is the truth, so if you get sued you can just show that all you wrote was truthful or the consensus of experts

If they are a large very public organization, they have more barriers to jump through to succeed in a...
Read more »

1 Answer | Asked in Banking, Business Law, Civil Litigation and Libel & Slander for Virginia on
Q: Nat. company’s website refers to a hired person’s “bio” & includes false claim of starting event that’s yours. Sue comp?

Their is the local branch that the person was hired but the person works all over the country with the large nat. company. It is still active on the website. I know they scrubbed social media for everything/ anything when he hired, but the liar wrote this bit and they missed it. Can I file a cease... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 16, 2020

Many of the answers to your questions depend on the particular facts that are involved in your case. You should definitely confer with a lawyer and get a formal opinion.

1 Answer | Asked in Civil Litigation and Libel & Slander for Virginia on
Q: my husband is dying of cancer, someone hacked his flip-phone and sent an ugly message to a life long friend of his,

my husband is blind because of the cancer he did not send it. what can i do legally to the person who did this or find out who did send it pretrending to be my husband

F. Paul Maloof
F. Paul Maloof answered on Feb 5, 2020

I think your best procedure is to go to the police where you live and file a criminal complaint.

1 Answer | Asked in Libel & Slander, Animal / Dog Law, Civil Litigation and Civil Rights for Virginia on
Q: My ex is filing a damaged property claim against me. If I haven't done anything wrong, how can I defend myself?

If my ex has threatened taking me to court before and never did anything. My ex also stated in a phone call "you just made your life harder for you"... Can I sue for emotional harassment?

My ex is also in possession of my cat (which I pay monthly vet bills for) can I 1) get... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 1, 2019

Rather than suing for emotional harassment, which may require your physiatrist's testimony to prove your claim, you would be better served to go to the Court and apply for a "protective order" based on harassment.

I do not handle domestic cases, especially with regard to cats. Sorry.

Q: I want to go back to work after this workers comp injury is healed. I hired an attorney. Was I wrong for doing that?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 26, 2018

Your attorney should be able to guide you through this process and advise you. Good luck.

View More Answers

1 Answer | Asked in Criminal Law and Libel & Slander for Virginia on
Q: If my husband babymother (child he had iutside our marriage) is always talking bad about me /our kids what do we do?

If my husband babymother (child he had iutside our marriage) is always talking bad about me in emails to my husband (for ex: she would call me b*tches and etc when all he would do is ask her how son doing or address an issue that son told us about her and her boyfriend hitting him (only 3 years... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 15, 2018

I don't actually see a question here just a statement. I would recommend you document everything and keep your cool but document everything the best way you can and if they break the law or threaten you, you can contact law enforcement. If you have a question regarding custody rights, etc,... Read more »

1 Answer | Asked in Contracts, Estate Planning, Libel & Slander and Probate for Virginia on
Q: My mother died and left my only sibling, a "deed of trust" which reduced me to 1/3 of estate. How can I contest this?

My sister has negatively interfered with my relationships with my mother and father for years. She lives in the same town as they do (did, in my mother's case), and I live 7,000 miles away. I traveled to Virginia to be with my mother last December during her last days on Earth in a hospice.... Read more »

Richard Sternberg
Richard Sternberg answered on May 4, 2018

It certainly sounds like you need a lawyer. What I don't read in your story is a question. Let me infer that you are asking how to find a good estate litigator. I suggest you visit Avvo.com. Navigate to Find a Lawyer. Type in the county where your mother resided at time of death. Type in... Read more »

1 Answer | Asked in Libel & Slander for Virginia on
Q: I was asked to take down my review because it was libelous, but I only spoke the truth to warn others, what should I do?

I posted a bad review on Zillow about a property manager. I listed my facts about why I thing she is not someone I would recommend. Everything I mentioned was true. My username was some randomly generated username as well. But I received an email from her saying I have 24 hours to take it down... Read more »

Lee E. Berlik
Lee E. Berlik answered on Apr 24, 2018

You can find a quick summary of Virginia defamation law at https://www.virginiadefamationlawyer.com/2013/02/defamation-of-character-libel-and-slander-law-in-virginia.html. You'll see that falsity is a required element of any defamation claim. This means that if, as you say, everything you... Read more »

2 Answers | Asked in Civil Litigation and Libel & Slander for Virginia on
Q: Can I be liable for what others state on Facebook if I'm a administrator or moderator of a group?

Have a civil case in VA where a person is trying to sue me for what others are stating on a Facebook Page. I'm one of the administrators of the page, however, I don't really monitor the page much. I understand the basics of libel, however if someone people are stating things that might be... Read more »

Timothy R Johnson
Timothy R Johnson answered on Apr 9, 2018

Generally...no. If you did absolutely nothing else to "re-publish" the statement, then there's almost no possible way that the plaintiff can allege you engaged in any wrongdoing. It would only be wrong if you know that information posted is wrong, and defamatory (impugns on the... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Employment Law and Libel & Slander for Virginia on
Q: I know Va is an at will state, but I was just fired without warning based on false information.

I know Va is an at will state, but I was just fired without warning based on false information about me provided by our executive director to our CEO. Nothing was done by either to determine the truthfulness of the information-nor was I even asked about the situation. I was just called in the phone... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 16, 2018

You certainly can file a lawsuit but you have the burden of proof so get your evidence and witnesses together since those will be required to support your claims.

1 Answer | Asked in Libel & Slander for Virginia on
Q: My ex-girlfriend is posting horrible false stories about me on social media.

She knows they are untrue, but she does it anyway. Even if I get Facebook to take them down, can I still sue her for libel?

Lee E. Berlik
Lee E. Berlik answered on Feb 5, 2018

If you have a valid libel case, then yes, you can still sue her regardless of whether Facebook takes the posts down. The only effect Facebook's actions would have on your libel claim is that your damages (i.e., the harm caused by the defamatory posts) would be reduced due to the shorter time... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Libel & Slander for Virginia on
Q: Can I file harassment charges if someone calls my office and makes false accusations about me that get me in trouble?

My fiance's ex has been stalking me on social media and harassing us both by sending him everything I've ever posted in a support group that was supposed to be private and helpful for me as a stepmom to their daughter. I have her number blocked on my phone but she's still attacking... Read more »

Susan Fremit
Susan Fremit answered on Jan 19, 2018

You can go directly to the Magistrate's office in the county where you live and file a complaint. That way, you aren't involving the police at all since you say they won't help you.

1 Answer | Asked in Libel & Slander and Personal Injury for Virginia on
Q: Can I sue a car dealership for filing criminal charges on me and for wrongful dominion control over car

Two days after I received the car, the car dealership filed criminal complaint I stole the car. Two months later they did a supplement complaint I stole the car all while I was making my payments twice a month and i never received any demand. The criminal charge was dismissed. Can I sue?

Mr. Beau Correll
Mr. Beau Correll answered on Jan 7, 2018

Sometimes you can, sometimes you can't. You need to consult with an attorney that specializes in defamation cases. The wrinkle in your case may pertain to whether the statements were legally privileged or not.

1 Answer | Asked in Libel & Slander, Criminal Law and Employment Law for Virginia on
Q: single occupant bathroom is it unlawful to record audio of person inside without consent from other side of closed door

Woman was in single occupant bathroom and supervisor audio recorded her in said bathroom without her knowledge from other side of the door and is threatening her with the recording.

F. Paul Maloof
F. Paul Maloof answered on Sep 12, 2017

My law practice does not cover unauthorized recorded conversations. Sorry.

1 Answer | Asked in Civil Litigation and Libel & Slander for Virginia on
Q: I posted a review for a company and it was an honest review but not favorable and now he wants to sue me.

Do I have any recourse? And is he allowed to? I'm assuming anyone can see you anyone, but still...

F. Paul Maloof
F. Paul Maloof answered on Aug 22, 2017

That is unfortunate. I sympathize. You can defend yourself in court. The party bringing the lawsuit has to prove liability and also prove damages. You can attack his claims of liability and the damages he claims were suffered. You should probably have a lawyer present you as the case will be... Read more »

1 Answer | Asked in Civil Litigation and Libel & Slander for Virginia on
Q: Hello, A background check on me provided false information re: a sexual assault conviction. Can I sue?

Upon volunteering with Catholic Charities (CC) in N. Virginia, I provided complete information for a background check. CC engaged a firm (SSCI) in GA that replied with a sexual assault conviction complete with a prison sentence.

This is completely false. I have never been to the city or... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 9, 2017

In Virginia, there is no cause of action for "misidentification." If you have evidence and can prove that SSCI intentionally defamed you, you may have a cause of action for that issue. Then you will need to show how you were injured and what was the monetary damages. This will be an uphill battle.

1 Answer | Asked in Criminal Law and Libel & Slander for Virginia on
Q: I would like to know when u r arrested for duid and they put in the paper I used profanity what can I do ?

Can I get the arresting officer for slander. He did not tell me I was under arrest, he did not read me my rights I did not get a summons or a ticket with the deputy's name on it, all they gave me was a paper that said at the top RECONIZANCE. Can I not get him for slandering my name for putting... Read more »

Susan Fremit
Susan Fremit answered on Apr 10, 2017

Slander is when someone announces something that is not true which has negative financial consequences. I am a criminal defense attorney and your question deals with civil issues. However, it does not appear that you have a case of slander. You can speak to a litigation attorney for second... Read more »

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.