QLD False Allegations of Domestic Violence - Defamation?

[Dwayne Harry]

If a person makes false allegations of domestic violence, can they be charged with defamation?

Is defamation a civil lawsuit or criminal act or both?

 

[Sophea]

Hi Dwayne,

A statement can be defamatory if it could

• injure your reputation by exposing you to hatred, contempt or ridicule;
• cause people to shun or avoid you; or
• lower you in the estimation of others.

Allegations of having committed a criminal offence obviously may come within this definition. However the context of how, where and to whom the statement was made are also important. It is a defence to a cause of action in defamation if the matter complained of is true, or if the statement is made in the course of proceedings before a court or tribunal.

Defamation can also be a criminal offence when a person publishes defamatory material knowing it to be false, or without having any regard as to whether it is true or false, and publishes the material intending to cause serious harm to another person. The maximum penalty is three years imprisonment.Criminal defamation cannot be established if the defendant has a civil law defence to the cause of action.

Check out this article for more info: Have You Been Defamed? What You Need to Know About Defamation Law in Australia - Legal Blog - LawAnswers.com.au

 

[Dwayne Harry]

Thanks very much for your excellent feedback Sophea.

The person I am considering taking legal action against is my 12-year-old son's psychologist. My son has Aspergers.

I have never even met this person and my former wife provided the psychologist with false and defaming allegations which depicted me as a violent child abuser. The psychologist then provided a statement to police which led to me being arrested and charged with domestic violence.

I swear that I have never harmed my children in any way and never would. My former wife is using domestic violence as a strategy to erase me from my children's and her life. I have so many battles on my plate at the moment, all I want is to hug my beautiful boys whom I haven't even seen for the past 18 months.

I have other posts on here which explain my other horrendous situation, that you may or may not have read, and I completely understand if you, or anyone else for that fact, thinks that I am completely "crazy". However, it is all true.

Kindest Regards