My question involves defamation in the state of: California.
My older brother is currently in a custody battle. In a declaration signed by opposing parties witness, the mothers sister- in law, she claims that one of the reasons to grant full custody to the mother, is that they are afraid that my younger brother who is only 13 years old, would molest the 2 year old girl, if given the opportunity because he used to give her baths and shower with her, in a bathing suit to clean her up. Both parents would be present and neither, at the time, had any issue with this. it is a disgusting accusation, and my parents are livid that this will be used in court and documented as a claim against him, a minor. I am wondering, and if necessary will be a pro se litigant, what kind of law suit can be filed for either damages, or simply that this horrendous, baseless, and frivolous claim be dismissed and sealed.
My older brother is currently in a custody battle. In a declaration signed by opposing parties witness, the mothers sister- in law, she claims that one of the reasons to grant full custody to the mother, is that they are afraid that my younger brother who is only 13 years old, would molest the 2 year old girl, if given the opportunity because he used to give her baths and shower with her, in a bathing suit to clean her up. Both parents would be present and neither, at the time, had any issue with this. it is a disgusting accusation, and my parents are livid that this will be used in court and documented as a claim against him, a minor. I am wondering, and if necessary will be a pro se litigant, what kind of law suit can be filed for either damages, or simply that this horrendous, baseless, and frivolous claim be dismissed and sealed.
Libel: If Some Falsely Accuses Molestation
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