[Solved] Slander

Hi,

I do not believe that you can sue for slander at all and I would not advise making any false allegation your self if thats what you mean by counter alegations.

If you get caught out then it throws doubt on anything that you have said or do say.

If the allegations are proved to be false then she may be guilty of contempt of court or if made to the Police then she may be guilty of wasting Police time.

DV allegations are a minefield and it makes an easy shield for a woman to hide behind which does a disservice to those that really need the protection.

Regards,

Dave

.... I think we all felt there was a danger of this happening, it's never usually a good idea to continue to live under the same roof, it creates further tension and an escalation of bad feelings.

Her allegations could be a prelude to getting an injunction or a non molestation or harassment order against you so that she can get you out of the marital home. There are women out there that are well versed in how to use existing laws to their advantage and I wouldn't be surprised if she hasn't been advised by friends or perhaps has sought advice on Mumsnet or the equivalent.

You can't sue her for slander and even if her allegations are found to be baseless no action will be taken against her... Your best defence is to rise above it and set about proving your innocence when the time comes....keep a record of everything and be mindful of putting yourself in a vulnerable position by finding yourself alone with her.....it would be much harder for her to claim DV if there are witnesses. Whatever you do don't start making up allegations of your own because as Dave points out it will throw doubt on you as a person.

So whats best advice & defence if it happens?

I doubt the police will do anything as that would be seen as putting vulnerable women off reporting their malicious partners.
& would a court actually pursue a contempt for the same reasons?

Think my best defence is my kids they hear & see & will testify I have done nothing but that then brings them into our arena.

Civil courts just don't pursue contempt...

If she is using allegations as a basis for her case then without proof the court is likely to disregard....I say likely because on some occasions a judge has decided to take them into account without having proof. Usually these cases would go to a finding of fact hearing to ascertain the truth.

As I said don't be alone with her.

I think it would be terribly unfair to involve the children and putting them in a position where they are asked to speak out against either parent.

I suffered DV at the hands of my ex. Unfortunately I did not report it until the last episode,but because I took several day's to report it they didn't take is as seriously and no action was taken towards my ex. Shortly afterwards I left and divorced him, nearly 4 years later he is still punishing me for. He has met someone else, and has got her on the bandwagon accusing me of harrassment,accusing me of trying to get her sacked, contacting her place of work and harrassing the ex too-all untrue. Even when we went to court last, because of what our children told professionals who help with DV what his partner did to them, it kicked off again. Access was stopped, and my children didn't see their father or his partner,though access was reinstated for ex if he promised his partner wasn't going to be there. . I was accused of all sorts and it was put into a section 7 report,despite no evidence to support the accusations.Because of the lie's I could not fight in court to prevent ex from getting excessive amounts of access. He got what he wanted despite my concerns of it being diruptive! My children are v tired when they come home following an early start and long journey of anywhere upto an hour from ex's house to go to school. Because ex now picks them up from school,which does upset my two as they have been used to the past 3 yrs of coming home to change before they go,to going straight into an hour journey back to his house. Both hate it and miss me v much,but because of all the lies the ex and his partner concocted, there is little I can do. I have to wait until they are older now, so they can decide whether to see their father of not. Unfortunately the justice system supports the accusers,not the victims. I cannot prove I did not do those things, although I know I didn't. There is no more innocent until proven guilty,it's 'youv'e been accused of x,y and z and you are guilty until proved otherwise'! and because the accusers are devious and v good at lying, you have to live with this hanging over your head forever. I have been told the Police will not even investigate the accusations unless another accusation is made within 12mths of the last one. I know that once the 12 mths are up, I will have the Police on my doorstep with some bullshit the pair of them have made up. This time I will be ready though, as I have been gathering evidence so I will be able ot prove my innocense this time. I agree with the others as well about counter allegation's, in my experience the judges and solicitor's get fed up of 'he said,she said', soon they stop listening. I am just biding my time for when the ex and his partner make a fatal mistake and end up,and rightfully so, on the wrong side of the law for what they have been doing.

In answer to your original question - firstly, if it's in court documents or those to her/your solicitor, then I think those are not the same as if she was telling everyone in public.

However, even if she was telling the public, libel and slander cases are notoriously expensive (think 6 figures) and the awards by court can be quite small - it depends on how much value the court puts on the damage to your reputation, and for the average person in the street, that's going to be very low, so unless you ex is extremely wealthy and you can find a solicitor to do it on a contingency basis, it's not even worth a second thought, I'm afraid.