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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70283
Experience:  Over 5 years in practice
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is it possible to sue someone for defamation of character if

Customer Question

is it possible to sue someone for defamation of character if some makes completely criminal allegations against the family of their ex partner in a family law court
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

My Sons ex partner has made statements to a family court alleging that his family are criminals and his mother has a police record of assaulting a minor. Police records have been supplied to say there is no police records for anyone in the family Also character statements have been submitted saying that the family are all of good character. These statements are from a police officer who is also a ex deputy commissioner and doctors and solicitors who have all known the family for many years. We have been told we have no case as this was part of family court proceedings Is this correct

Expert:  Jo C. replied 3 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

Statements made in court are covered by privilege and so not subject to a defamation claim.

If she repeats these allegations outside court then they would amount to defamation as they are of criminal conduct and clearly untrue.

There's really no way around it. Court room statements are protected from a defamation claim.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo