Someone lied about me in an affidavit. Now what?
-
A good friend and former employee is going through a tough divorce. I filled an affidavit testifying to her child care and parenting skills (we both worked at a private school). Her husband's responding affidavit accused me (falsely!) of drunken altercations with the local police. Should I be worried? Should I respond? My friend's divorce may ruin my career. Her (now ex-)husband is an EMT and cop wannabe who has used his connections to the local police to intimidate her. As part of these games, he has countered my affidavit with one containing a completely fabricated story about me shouting at and threatening a cop who I've never met (I've never had any contact with the police outside of my job as the head of the school). So, there is now an affidavit on file that is false, based in hearsay, and potentially damaging to my future work in my field (school administration). Should I be concerned that some future employer will see this affidavit? Should I notify the judge in the divorce case? Should I sue for slander/libel? Should I just not worry about it? Help me, hive mind! Just to be clear--out of 56 affidavits filled by my friend, her ex responded with 56 separate lies, including accusation of witchcraft, lesbianism, pedophilia, etc. I got off easier than most of her friends. And I suspect the judge didn't read ANY of the filed affidavits.
-
Answer:
If you've had a drunken altercation with police, there WILL be a record of it. If he can't produce it, then you hold the cards. This is a court affadavit he filed - how does he feel about a perjury charge? Seriously, I may be off base with the above, but if you're that worried about your reputation, it may be a very good idea to consult an attorney.
OlderThanTOS at Ask.Metafilter.Com Visit the source
Other answers
Get a consultation from a lawyer with defamation experience. Perhaps you can make this guy and his pig corroborator pay.
Mayor Curley
I too would seek the counsel of an attorney specializing in defamation/libel/slander. Not because you are seeking damages (because you don't have any yet), but to clear the record. You never know when someone in the future might stumble across their divorce records and see this stuff on file about you. You should at least be on record as denying the claim, and at most getting it expunged from the proceedings, perjury charges and bar investigations as to whether his lawyer was complicit in the lie. "Her (now ex-)husband is an EMT and cop wannabe who has used his connections to the local police to intimidate her. " People with these sorts of desires and connections are sometimes dangerous. Normal people who want to be police officers just fill out applications and get hired somewhere. Washouts and wannabes have something wrong with them that NO police force wanted them around. Be careful.
gjc
If someone asserts something to be true in court, the other side has the right to cross-examine that person (that's why hearsay is not allowed). That should take care of any groundless accusations. If it's a sworn affidavit on the husband's part, then he was under oath at the time that he submitted the affidavit, which is not just libel but also perjury. The husband could end up in jail for this -- judges do NOT take kindly to that kind of thing. If you choose to pursue this with a lawyer of your own, or even just by writing a letter to the judge, then you could seriously help your friend out without becoming too embroiled in it. Obviously, accusations of witchcraft are a little hard to prove. But there would definitely be records of threatening a police officer. Does the affidavit contain the name of a police officer? Then you should contact the police department and let them know that this officer's name was listed in the affidavit.
SpecialK
Clarification: Not interested in damages or really any public attention here! Just want to know how much exposure I have and if there's any way to minimize it.
OlderThanTOS
You really want to talk to an attorney. Dude may not care how nasty his divorce case gets, but if he starts getting lots of nastygrams from attorneys of people he's defamed/libeled in the course of the case he may need to rethink his strategy a bit...
ubernostrum
Divorce proceedings don't generally end up posted to the net, so I think your exposure is pretty limited from an actual damages perspective. (Will anyone except the judge ever see it?) It will get filed away somewhere, probably forever. I don't see this affecting your career prospects. It sounds like the ex-husband filed the affidavit not the cop right? If it was the ex-husband, ignore it. It will be taken as typical ugly divorce stuff, even if it ever is seen again. If it was a cop who made up out of whole cloth, I think you should do something about it. It is in everyone's interest to do something about cops who are that crooked. But here we get a little out of my depth. Get a lawyer and have the lawyer contact the police department?
pseudonick
If it were me, I would probably at least consult with an attorney, and file a responsive affidavit giving a calm, brief recitation. Anything you can say that makes you sound like a perfect citizen girl scout by mainstream standards: E.g., I have worked at company X for 15 years. I have been married for 10 years. I have no criminal record. I own my own home. There are no blemishes on my credit history. I have not had so much as a speeding ticket for 20 years. Etc. And then at the end, I have never met cop Y and have never shouted at or threatened any cop in my life. The allegation is completely fabricated. Then you would sign under penalty of perjury, etc. Have the attorney take a look at your draft before you send it in. Maybe he or she can think of something more for you to say. Generally, all of this family law stuff is completely confidential, and does not become public. And it sounds like this guy has no credibility. But if it anything ever did come out (very unlikely), you want to have your response in the file. Or, I would anyway.
ClaudiaCenter
Does this ex-husband have a police connection that is corroborating his affidavit? If you have a clear conscience about the accusation, then you should contact the police and involve their ombudsman or internal investigator if necessary. And yes, get a lawyer.
randomstriker
Get a lawyer. And also make sure your friend's lawyer is aware of the situation. If someone asserts something to be true in court, the other side has the right to cross-examine that person (that's why hearsay is not allowed). That should take care of any groundless accusations. I would definitely pursue an official complaint with the police department. (But seriously, don't act on any other advice before you've talked to your own lawyer)
winston
Related Q & A:
- What Is The Price Of Gold Now In Singapore?Best solution by Yahoo! Answers
- What are the best programming languages to learn now?Best solution by Software Quality Assurance & Testing
- What are the origins of the word freedom? Does it mean the same now?Best solution by Yahoo! Answers
- Is there any way I can find someone's email address if I only now their name?Best solution by Yahoo! Answers
- I hate my job now what should I do?Best solution by Yahoo! Answers
Just Added Q & A:
- How many active mobile subscribers are there in China?Best solution by Quora
- How to find the right vacation?Best solution by bookit.com
- How To Make Your Own Primer?Best solution by thekrazycouponlady.com
- How do you get the domain & range?Best solution by ChaCha
- How do you open pop up blockers?Best solution by Yahoo! Answers
For every problem there is a solution! Proved by Solucija.
-
Got an issue and looking for advice?
-
Ask Solucija to search every corner of the Web for help.
-
Get workable solutions and helpful tips in a moment.
Just ask Solucija about an issue you face and immediately get a list of ready solutions, answers and tips from other Internet users. We always provide the most suitable and complete answer to your question at the top, along with a few good alternatives below.