Ask Me Help Desk - How to handle my pain.

Hi, my 'Q' involves me and my separated wife, who had filed criminal charges against me somewhat a couple of weeks after we legally were separated. The charges consisted of Burglary and Violation of Protective order. I did not know the charges were pressed until I arrived at my job to find a friend who informed me that I had a warrant. I immediately turned myself into police, however, as I explained to my employer the reason why I could not make it, they informed me that I no longer could be part of the team until the issue was resolved. Approximately 5 months later after 5 or six court dates I was found Not Guilty on all charges. I was scared out my wits my lawyer kept telling me that I was facing up to 20 years in prison 1 year at the minimum! Well my wife had lied in court and the officer that was at the resident testified on my behalf, and true American Justice was served. Now my Question is can I sue her for defamation of charter mental anguish and loss wages? If so, how much should I consider?

Being British, I think the best advice I can give is... how you americans say, Take A knee. Your (ex) wife has tried to (for lack of a better term) assault you fiscally and legally. But since she has failled I believe she shall be reeling from defeat. And she will have no doubt incurred legal costs for her failed attempts. Just think about that and take solace in the fact that you do not have the hassel < british spelling) ((trouble)) of paying lawyers and/or attorneys for an unsuccessful campaign

You may be able to sue for lost wages as those can be quantified, but mental anguish is pretty hard to put a price tag on. I am not saying it cannot be done, but it would be tough.

Judy will be along with her soon to be famous quote on defamation and a lot more information on this. But essentially the burden of proof that you were maliciously wronged will fall on you and you might very well spend more than you will win.

Quote:

Originally Posted by stevetcg

You may be able to sue for lost wages as those can be quantified, but mental anguish is pretty hard to put a price tag on. I am not saying it cannot be done, but it would be tough.

Judy will be along with her soon to be famous quote on defamation and a lot more information on this. But essentially the burden of proof that you were maliciously wronged will fall on you and you might very well spend more than you will win.

Steve, I should have a rubber stamp made.

The burden of proof in criminal (where you were) and civil (which is where you would sue) Courts is very, very different. It is entirely possible that you were found innocent in criminal Court but would be found to have no basis to sue (on the same circumstances) in civil.

But here goes:

"Briefly - Generally in law libel refers to permanent/written statements and slander refers to non-permanent/spoken statements. Defamation (of character) covers both categories.

You must be damaged - and prove damages - in order to recover. The statements (either written or spoken) must be false but presented as though they were true and be beyond offensive, derogatory or insulting. Such statement must rise to a level which actually harms a person’s reputation. In general the person making the statement must either know it isn’t true or make the statement without attempting to verify if it is true.

The defense to defamation is that the information was not presented as the truth (which covers gossip), that the information was never secret (privileged) and was always public."

Yes, just because you were not found guilty does not mean you are innocent. At least in civil court, the burden of proof in civil court is a lot less than criminal. *** remember the OJ court cases, civil court found him guilty.

You well may have a case against her, and perhaps evern the place where you worked ( innocent till proven guility issue) for the loss wages your job back and s on.