VIC Defamation and Restraining Order - What To Do?

[JamieAntwilliam]

Hello, I'm looking for some advice I'll give a brief history about what is going on and go from there. My ex girlfriend which I had been with for a year and a half has opened a blog about me basically trying to destroy my reputation, she has sent links to from what I know most of my friends and people we know mutually. I'm worried as this has already affected friendships and could be a threat to my future and my career. Is it defamation?

I tried to end the relationship numerous times, the first time being 3 months into the relationship when I knew something wasn't right. She threatened suicide each time I would try to end the relationship I was basically trapped having the fear that she would end her life if I really did leave which lead to a panic attack disorder. I would often have to stop her from harming herself and hide things such as knifes. I can't explain properly on her how much this kind of stress as taken a toll on my health and not knowing where to turn my mind was so twisted that I had accepted that this was now my life, with her, extremely unhappy.

She eventually broke up with me last December before a family holiday and tried to reconcile things I would not have it which lead to another threat of suicide, this time I couldn't handle it and called her mother, step father, and brother. I've tried to get her help all throughout the relationship offering to pay for councillor, psychologist, and psychiatrist all of which she refused.

I'm really at my wits end here I'm only 25 all I've tried to do is help this girl. All I want is this to be over but she will not let it end, this is the last position I'd ever imagine myself in. This is a very brief description of events.

Any advice would be great, thank you.

 

[Sarah J]

Hi JamieAntwilliam,

This article "Have you been defamed? What you need to know about defamation law in Australia" will help you gain a better understanding of defamation law in Australia.

In short, if your ex published any statements that are false or misleading and this negatively affects your reputation (e.g. amongst your friends and employers) and you have suffered damage as a result (e.g. humiliation, pecuniary opportunity losses) then there may be a defamation action.

There are defences to a defamation action that your ex may plead:

• The statements were true
• The statements were an honest opinion
• The statements were a fair report of the situation for public interest purposes
• The statements/harm was trivial

Unfortunately, this sounds like actions form a hurt girl who has not gotten over the relationship/breakup. Hopefully you will not need to resort to legal action and can resolve this privately between the yourself, the girl and her family.

 

[Sophea]

Hi JamieAntwilliam,

I agree with Sarah, it does sound as though you may have an action in defamation if your ex is posting statements about you that jeopardise your reputation professionally or socially. The Victorian Wrongs Act also makes defamation a crime, where defamatory information is maliciously published by a person who knows the information to be false. Perpetrators can be liable for a fine or up to 2 years imprisonment. So if she is actually maliciously publishing false information about you, you may have recourse to the police.

 

[JamieAntwilliam]

Thanks for the advice, unfortunately I think I am going to have to make it legal as she has stated I was plotting to murder friends of mine and many other serious allegations. If the allegations weren't so serious I wouldn't worry about it but unfortunately they are.

 

[Sophea]

I would see a lawyer, they will be able to provide detailed advice on your specific situation and advise you on your options including any criminal defamation.