The proliferation of social media, cancel culture, and society’s desire to stand behind supposed victims of domestic violence has taken something that was once a private matter between a couple and turned it into a trial in the court of public opinion. When you have been wrongfully accused of domestic violence, you are rightfully concerned about how such false allegations can impact your life. In some situations, the accuser may commit defamation, but you may have the right to fight back.
What Is Defamation?
Defamation is a tort that occurs when someone damages the reputation of another person with false information. Defamation and related offenses are often described in common law, so definitions can vary from one jurisdiction to the next.
Colorado defines defamation as making a false or derogatory statement of fact about another person to a third party. The legislature draws the distinction between slander and libel, both of which are forms of defamation. Slander is defamation in a spoken form, while libel is in written form. For example, slander could occur when someone makes a video and posts it to social media, falsely accusing you of defamation. Libel would occur when someone posts a written comment alleging the same.
Florida defines defamation as a false statement that harms someone’s reputation. Defamation laws in the state aim to protect individuals from the actual harm caused by untrue statements. Florida even criminalizes some forms of defamation.
A complicating factor involved in defamation cases is that you must generally show how the false statement negatively impacted you. Therefore, even if someone said something unkind or untrue about you, if you can’t show how this has affected your reputation, you may not be able to recover damages in a civil case.
Legal Steps to Respond to Defamation
If you are the victim of defamation on social media, you can take these steps to protect your rights and reputation:
- Document the libelous posts and comments by taking screenshots.
- Report the defamatory comments to the social media platform and ask that they be removed.
- Send a cease and desist letter to the accuser and the social media platform.
- Contact an experienced lawyer.
Depending on the circumstances, you may want to file a defamation lawsuit against the accuser. However, such action may draw more attention to the situation, so this may not be in your best interest. An experienced lawyer can discuss your legal options with you and advise you on which direction you should take.
Contact Our Domestic Violence Defense Lawyer for a Confidential Consultation
If you have been wrongfully accused of domestic violence, do not hesitate to contact the Law Offices of Elaine E. Lukic. Your freedom, future, and reputation are on the line. You can schedule a confidential case review by calling us at (888) 565-2217 or completing our online contact form.