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Slandered in Court Resulting in Harassment Order

Discussion in 'Criminal Procedure, Criminal Court' started by Albert7111, Jan 20, 2022.

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  1. Albert7111

    Albert7111 Law Topic Starter New Member

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    Jurisdiction:
    Michigan
    Hello,
    I hope this is the right section. I was unable to locate a civil rights category. Basically, a woman acquaintance of mine submitted (under penalty of perjury) to a court exactly ten defamatory accusations asserted against me, but failed to provide any proof to the court (since they never happened). The court accepted this, and now I have a Harassment order against me for almost two years. It is very easy for me to prove that I was slandered. What are my legal options? Thanks. I do have a lawyer, but I also want to explore other opinions and options.
     
  2. army judge

    army judge Super Moderator

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    Statements made under oath in any court proceeding provide IMMUNITY to the individual/witness.

    You will be unable to sue the individual.

    You remain free to try, if you disbelieve me.

    Good luck.
     
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  3. Albert7111

    Albert7111 Law Topic Starter New Member

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    That's not true. So if I go to court and claim under penalty of perjury that you raped my sister, you can't legally retaliate? Your comments totally contradict my lawyer. This place is a joke. You're not going to get anything credible on this forum. I've been here before and always encounter total ignorance and lies. Bye,
     
  4. justblue

    justblue Well-Known Member

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    Was it necessary to be so frigging rude? The Judge, who practiced law for decades, kindly gave you the benefit of his vast legal knowledge, FOR FREE. If you have an attorney why are you here asking random strangers on the internet? Just to be a jerk when one of the volunteers here responded?
    And the only other thread you have on this site is one asking how to log off. Which I politely told you how to do.

    Where is the Log Out Button lol

    Next time you have a question pay your attorney to answer you.
     
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  5. Albert7111

    Albert7111 Law Topic Starter New Member

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    If he is a real judge, I apologize to him. I don't automatically believe that everyone claiming to be a judge or lawyer actually are. I thought it might just be a user name. I am very frustrated about this case, because numerous lies were asserted against me to a court, no evidence for the claims were given, and I wasn't even given the opportunity to defend myself. The court didn't even contact me until the harassment order was issued. I didn't get much sleep last night because of this.
     
  6. Albert7111

    Albert7111 Law Topic Starter New Member

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    If true, then why are people sworn in courts? What's the point? And why does the affidavit in question state that the individual (in question) is submitting the contents under penalty of perjury? What is the point of stressing the "penalty" of perjury if there is no penalty? And is small claims court an option?
     
  7. Albert7111

    Albert7111 Law Topic Starter New Member

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    Another thing this court did was state the expiration date for the harassment order in twelve days, but the docket I requested yesterday shows that the expiration date was scratched out with a pen, and a new date was scribbled in with a pen. No one notified me about this. The new date shows an expiration date of almost two years from now. Why didn't anyone notify me about this? Why was the original date scribbled out? Had I not contacted the court yesterday requesting the docket, I wouldn't have known about the new date of expiration.
     
  8. justblue

    justblue Well-Known Member

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    Ask your attorney.
     
  9. Red Kayak

    Red Kayak Well-Known Member

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    At an ex parte hearing, that's exactly how it works. However, that usually is only a "temporary order" - erring on the side of safety - pending a hearing for a "final order". At that second hearing, you would have the chance, as a respondent, to contest the allegations, and legally defend yourself.

    If you do not show up at that second hearing, the temporary orders become final, by default - hence the 2 weeks changing to 2 years.

    So, was proper notice served of the hearing? If yes, that's on you. If not, you might be able to appeal. It will cost time and money.

    Note: if she is loony enough, she'll violate the order in an attempt to get you to violate the order. Block her everywhere.
     
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  10. army judge

    army judge Super Moderator

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    You MIGHT be posting from CA.
    Here is the CA law that addresses your query.

    A statement must be unprivileged to be actionable as defamation. This is also to say that a showing of privileged communication is a defense to a defamation lawsuit.

    California courts have codified several privileged communications in Cal. Civ. Code § 47.

    Law section

    According to this section, some examples of privileged publications include publications made:

    In the proper discharge of an official duty:
    In a legislative or judicial proceeding;
    By a fair and true report in, or a communication to, a public journal of a judicial, legislative, or another public official proceeding;

    and,

    A communication, without malice, to a person interested therein, (1) by one who is also interested, or (2) by one who stands in such a relation to the person interested as to afford a reasonable ground for supposing the motive for the communication to be innocent, or (3) who is requested by the person interested to give the information.
    The last example is known as the common interest privilege and it is a conditional privilege because it only applies to “communication without malice.” The privilege is lost if the publication was actuated by malice. Once the defense has demonstrated that the qualified privilege applies, the plaintiff has the burden of defeating it by showing malice.

    ≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠≠

    If you are posting from MI, here is the applicable MI law applicable to your query.

    There are two types of privileged statements: absolute and qualified.

    Absolute = Absolute privilege is awarded when a person’s complete statement is needed in order to understand a situation. With absolute privilege comes absolute assumption that what is said or written cannot incur the risk of punishment or legal action for defamation.

    Qualified = Qualified privilege pertains to subject matter that is of public concern or is of sufficient importance that communicating freely is critical. Newspapers that report on government malfeasance, for example, can claim qualified privilege as their statements must not be hindered by potential defamation risks when reporting stories of public importance.

    Within the courtroom, most statements are covered under absolute privilege.

    Witnesses = In any deposition or trial, a witness giving a statement must be able to speak his/her mind freely without fear of reprisal. As such, his/her statement is protected by the absolute privilege rule. For example, if a witness makes a statement that is untrue and malicious, the witness will be immune to a lawsuit for defamation; however, this privilege does not protect him/her from perjury laws or being held in contempt.

    Judges = Judges are immune from defamation suits in part from absolute privilege as well as judicial immunity, which provides the judge to act diligently and impartially, without fear of being sued when conducting official business.

    Court reporters = Whether directly transcribing courtroom audio and defamatory statements, or mishearing a statement and accidentally recording a defamatory statement, a court reporter is also subject to absolute privilege. Therefore, if a court reporter puts a slanderous remark in the record, she/he cannot be held responsible for a libel suit, as the statement was not hers/his nor made with malicious intent. It’s important to note that privilege does not excuse transcribing inaccuracy, and the reporter may be subject to career penalties.

    Attorneys = In order for an attorney to do his/her job, he/she needs to paint a picture for the judge and jury, which would be impossible to do if he is forced to paint around defamatory statements. As such, for the most part, if an attorney is preparing or actively involved in litigation on behalf of a client, he will be considered privileged. However, if an attorney knowingly slanders a client or other attorney outside the courtroom or after a trial, he may be subject to a defamation lawsuit.

    Proving Slander
    If you are wondering whether you can sue for slander and recover damages, consider that you would generally have to prove the following to have a case:

    1. Someone Made a Defamatory Statement to a Third Party
    A defamatory statement generally refers to any communication that significantly harms your reputation and deters others from associating or doing business with you.

    2. The Statement Is Not Privileged
    You would not be able to sue if the statement in question was made under privilege, for example, in the following situations:

    Witnesses testifying in court
    Statements made between clients and their attorneys
    Comments made between spouses
    Legislators discussing the information during debates

    3. The Slanderous Statement Is False
    To have a case for defamation, the statement made against you must be false, and the defendant acted negligently or maliciously in making the slanderous comments. A true statement, even if it significantly taints your reputation, does not qualify as defamation. Likewise, someone expressing an opinion that could damage your reputation is typically not considered slander.

    4. The Statement Is “Published”
    In this instance, “published” includes verbal defamatory statements as long as the slanderous statement was communicated to a third person or persons. A conversation between two individuals that others could overhear can potentially also qualify for a slander lawsuit.

    5. You Suffered Harm
    Unless the damaging statement qualifies as slander per se, you have to show that you were harmed emotionally, financially, or in other ways. Examples of harm caused by slander can include:

    Losing your job
    Suffering shame and humiliation
    Getting harassed by the media
    Failing relationships with family and friends
    Losing business revenue
     
  11. justblue

    justblue Well-Known Member

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    OP can't seem to decide where this is happening. ;)

    Slander Submitted to a Court
     
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  12. Albert7111

    Albert7111 Law Topic Starter New Member

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    I was never notified that I had the option or order to attend the hearing.
     
  13. Albert7111

    Albert7111 Law Topic Starter New Member

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    What does OP mean? This happened in Massachusetts.
     
  14. cbg

    cbg Super Moderator

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    OP = Original Poster

    You, in other words.

    So if it's happening in Massachusetts, why did you say on the other board that it was happening in California? And why did you say in the original post, that it was happening in Michigan?
     
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  15. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Are you just now finding out about the court order that happened two years ago?
     
  16. Zigner

    Zigner Well-Known Member

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    My interpretation of it is that it's a relatively new order that is set to expire in about 2 years.
     
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  17. flyingron

    flyingron Well-Known Member

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    While a person may make defamatory statements about you in court, they're not legal slander. Court testimony is privileged.
     
  18. zddoodah

    zddoodah Well-Known Member

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    If the court entered an order based on the allegations, then yes, this person did provide evidence sufficient to lead the court to conclude that the allegations were true under the relevant standard of proof.

    No one on the internet can give you a better opinion about your options than your lawyer can. Among other things, your lawyer is a lawyer (and not everyone who responds here is) and is admitted to practice in Michigan or Massachusetts. (which, to my knowledge, none of the attorneys who post here regularly are). Your lawyer also knows all of the relevant facts, whereas we know none of them.

    First you wrote:

    Now you're claiming:

    Which is it?
     
  19. Albert7111

    Albert7111 Law Topic Starter New Member

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    I never said it was happening in California. I am in California now, but the the court hearing was in Massachusetts.
    I talked to my lawyer today and he said this is the kind of case that needs legal representation. The court didn't even give me the opportunity to attend a hearing to defend myself. According to my lawyer, they were supposed to serve me with notification to attend and defend myself. I am getting a lawyer now and going after this.
     
  20. cbg

    cbg Super Moderator

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    A point for future reference: when you are asked the state at the beginning of your post (and this applies to both boards), we don't care diddly where you are now. We only care what state's laws are going to affect the answers. All 50 states are different.
     
    Last edited: Jan 21, 2022

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