False Allegations of Drug Abuse and Perjury: Does This Constitute an Act of Defamation of Character?
Question by : False allegations of drug abuse and perjury: Does this constitute an act of defamation of character?
I was coerced into signing an affidavit against my ex-fiance by the father of her 4 year old in order for him to take custody of their child. He basically slandered her to turn me against her; convinced me she had “slept with all of her clients at work”, cheated on him, probably cheated on me too, constantly lied about EVERYTHING, couldn’t be trusted under any circumstances, story after heinous story about her past, and even offered me a job with his company in exchange for helping him, took me out once to get me drunk and fill me up with crappy stories about her past, etc…
I didn’t have any experience with this, his lawyer drafted the affidavit in HER words, did not tell me anything about it (such as being careful to distinguish knowledge from belief), did not tell me that I would be taking an oath, and I did not have the affidavit notarized (it was simply signed and returned via email). On one occasion she even insisted that I forward her “all emails” that have ever taken place between me and my ex and boasted that she could have my personal emails subpoenaed if she “really wanted them” when I refused.
After a few weeks of doing my own research, seeing how this custody thing has been dragged out for months based on hearsay, slander, an inaccurate and un-notarized affidavit that wasn’t even in my own words, I decided to retract it and file a new one with HER attorney. Now the “opposition” has launched into crusade against my character. His attorney sent a fax to the guardian ad litem and to her attorney accusing me of perjury since both affidavits were made “under oath”, even though the first one wasn’t signed before a notary and the second one was. She is also claiming (in writing to basically EVERYONE involved with the case) that I am an “alleged former drug abuser”. I am not a drug abuser and have certainly never given anyone any indication this is so, this is a complete fabrication on behalf of her ex to damage my standing before the court.
My main question is in regards to the perjury accusation; since the first affidavit wasn’t in my own words, I wasn’t given any guidance as to how it should be drafted and how certain statements should be phrased, wasn’t told I would be taking an oath, and the affidavit wasn’t notarized, clearly this couldn’t be considered perjury right? She’s making these allegations solely to damage my standing as a witness in the case. I’m drafting a cease and desist letter and her attorney has told me I’m perfectly justified in doing so, but he can’t give me any more guidance than that since I’m not his client.
So am I right here? It can’t be perjury if I was coerced and misled into signing an affidavit I didn’t even write and didn’t even have notarized (so therefore it wasn’t under oath, right?). I live in Illinois and from my own research I’m pretty sure this is the case. I found some legal precedent (Roth v Farmers Insurance) saying that an affidavit has to be notarized to be valid, but this was a criminal case not civil. I just want to make sure I have everything straight before I send out this letter. Thank you in advance I <3 Yahoo Answers! Best answer:
Answer by Lucy
Yes, I think so.
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