You may be able to recover damages in a defamation case.
March 22, 2023
Defamation causes damage with untruthful statements. There could be legal recourse.
Defamation is a false statement of fact that harms someone's reputation. In Indiana, defamation is a tort, which means that it is a civil wrong that can be the basis of a lawsuit.
To prove defamation, a plaintiff must show that the defendant made a false statement of fact that was harmful to the plaintiff's reputation. The plaintiff must also show that the defendant knew or should have known that the statement was false.
Is it Libel or Slader? There are two types of defamation: libel and slander. Libel is defamation that is written, while slander is defamation that is spoken.
If a plaintiff proves defamation, they may be entitled to damages, which are money that is awarded to compensate the plaintiff for the harm that they have suffered.
There are a number of defenses to defamation, including truth, opinion, and fair comment. The truth defense is a defense that can be used if the defendant can show that the statement that they made was true. The opinion defense is a defense that can be used if the defendant can show that the statement that they made was an opinion, and not a fact. The fair comment defense is a defense that can be used if the defendant can show that the statement that they made was a fair comment on a matter of public interest.
A restaurant owner is defamed by a customer who posts a false review on social media, claiming that the owner was rude and refused to serve them. The review is seen by thousands of people and damages the owner's reputation. The owner can sue the customer for defamation.
Another example of defamation is when someone spreads a false rumor about another person. For example, if someone spreads a rumor that a co-worker is having an affair, this could be considered defamation.
The Case of Simmons v. Smith In the case of Simmons v. Smith, 88 N.E.3d 127 (Ind. Ct. App. 2017), the plaintiff, Simmons, was a former employee of the defendant, Smith. Smith had fired Simmons after Simmons filed a complaint with the Equal Employment Opportunity Commission (EEOC). After Simmons was fired, Smith made a number of false statements about Simmons to third parties, including that Simmons had been fired for stealing and that Simmons had been a poor employee. These statements caused Simmons to suffer emotional distress and damage to his reputation. Simmons sued Smith for defamation. The trial court found in favor of Simmons and awarded him $10,000 in compensatory damages. The appellate court upheld the trial court's decision, finding that Smith had made false statements about Simmons with malice and that those statements had caused Simmons to suffer emotional distress and damage to his reputation. This case illustrates the fact that individuals can recover damages for defamation if they can show that the defendant made false statements about them with malice and that those statements caused them to suffer harm. Defamation can also occur online. For example, if someone posts a defamatory comment about another person on a social media platform, this could be considered defamation. It is important to note that defamation is not just limited to false statements of fact. It can also include false statements of opinion. For example, if someone posts an opinion that a co-worker is a "terrible person," this could be considered defamation if it is false and if it damages the co-worker's reputation. The damages that you may be able to recover if you have been defamed will vary depending on the specific facts of your case. However, some common damages that may be awarded in defamation cases include: Compensatory damages Compensatory damages are designed to compensate you for the actual harm that you have suffered as a result of the defamation. This may include things like lost wages, lost opportunities, and emotional distress. Punitive damages: Punitive damages are not designed to compensate you for any harm that you have suffered, but rather to punish the defendant for their wrongful conduct. Punitive damages are generally only awarded in cases where the defendant's conduct was particularly malicious or outrageous.
Injunctive relief Injunctive relief is a court order that requires the defendant to stop making the defamatory statements. This can be a valuable tool for victims of defamation, as it can help to prevent further harm to their reputation.
It is important to note that these are just some of the possible damages that you may be able to recover in a defamation case. The specific damages that you may be entitled to will depend on the specific facts of your case.  If you believe that you have been defamed, you should speak to an attorney to discuss your legal options.
To prove defamation, a plaintiff must show that the defendant made a false statement of fact that was harmful to the plaintiff's reputation. The plaintiff must also show that the defendant knew or should have known that the statement was false.
Is it Libel or Slader? There are two types of defamation: libel and slander. Libel is defamation that is written, while slander is defamation that is spoken.
If a plaintiff proves defamation, they may be entitled to damages, which are money that is awarded to compensate the plaintiff for the harm that they have suffered.
There are a number of defenses to defamation, including truth, opinion, and fair comment. The truth defense is a defense that can be used if the defendant can show that the statement that they made was true. The opinion defense is a defense that can be used if the defendant can show that the statement that they made was an opinion, and not a fact. The fair comment defense is a defense that can be used if the defendant can show that the statement that they made was a fair comment on a matter of public interest.
A restaurant owner is defamed by a customer who posts a false review on social media, claiming that the owner was rude and refused to serve them. The review is seen by thousands of people and damages the owner's reputation. The owner can sue the customer for defamation.
Another example of defamation is when someone spreads a false rumor about another person. For example, if someone spreads a rumor that a co-worker is having an affair, this could be considered defamation.
The Case of Simmons v. Smith In the case of Simmons v. Smith, 88 N.E.3d 127 (Ind. Ct. App. 2017), the plaintiff, Simmons, was a former employee of the defendant, Smith. Smith had fired Simmons after Simmons filed a complaint with the Equal Employment Opportunity Commission (EEOC). After Simmons was fired, Smith made a number of false statements about Simmons to third parties, including that Simmons had been fired for stealing and that Simmons had been a poor employee. These statements caused Simmons to suffer emotional distress and damage to his reputation. Simmons sued Smith for defamation. The trial court found in favor of Simmons and awarded him $10,000 in compensatory damages. The appellate court upheld the trial court's decision, finding that Smith had made false statements about Simmons with malice and that those statements had caused Simmons to suffer emotional distress and damage to his reputation. This case illustrates the fact that individuals can recover damages for defamation if they can show that the defendant made false statements about them with malice and that those statements caused them to suffer harm. Defamation can also occur online. For example, if someone posts a defamatory comment about another person on a social media platform, this could be considered defamation. It is important to note that defamation is not just limited to false statements of fact. It can also include false statements of opinion. For example, if someone posts an opinion that a co-worker is a "terrible person," this could be considered defamation if it is false and if it damages the co-worker's reputation. The damages that you may be able to recover if you have been defamed will vary depending on the specific facts of your case. However, some common damages that may be awarded in defamation cases include: Compensatory damages Compensatory damages are designed to compensate you for the actual harm that you have suffered as a result of the defamation. This may include things like lost wages, lost opportunities, and emotional distress. Punitive damages: Punitive damages are not designed to compensate you for any harm that you have suffered, but rather to punish the defendant for their wrongful conduct. Punitive damages are generally only awarded in cases where the defendant's conduct was particularly malicious or outrageous.
Injunctive relief Injunctive relief is a court order that requires the defendant to stop making the defamatory statements. This can be a valuable tool for victims of defamation, as it can help to prevent further harm to their reputation.
It is important to note that these are just some of the possible damages that you may be able to recover in a defamation case. The specific damages that you may be entitled to will depend on the specific facts of your case.  If you believe that you have been defamed, you should speak to an attorney to discuss your legal options.
Getting served with an order of protection isn’t the easiest pill to swallow. It often happens without warning and can leave you feeling confused, angry, or blindsided. One minute you are going about your day, and the next you are being told you must stay away from someone, your home, or even your children. It can be hard to put your emotions aside, but if this has happened to you, it is important to slow down and understand what an order of protection actually means and what steps you should take next. How you respond early on can make a real difference in how the situation unfolds. Your first move should be to consult our Indiana criminal defense lawyers at Dogan & Dogan. We can advise on what to do and not do. What is an Order of Protection? In Indiana, an order of protection is a civil court order meant to prevent alleged acts of domestic or family violence, stalking, or harassment. How does it work? A judge can issue a temporary order based only on the petitioner’s statements. The petitioner is the person claiming that you are a threat to them. The judge doesn’t even hear your side of the story before issuing a temporary order. That surprises a lot of people. Someone is Claiming You Were Violent. Are Criminal Charges on the Table? Being served does not mean you have been found guilty of anything. It also does not automatically mean criminal charges are coming your way, but it does mean the court expects you to follow the order to the T. Temporary orders often include restrictions such as staying away from the person, having no contact of any kind, leaving a shared residence, or surrendering firearms. Even if the claims feel exaggerated or completely false, ignoring the order is not an option. This is difficult when you’ve done nothing wrong. Violating an order of protection can quickly turn a civil matter into a criminal one. That is why understanding the order and complying with it is critical, even if you plan to challenge it. It's important to reach out to our attorneys as soon as possible to ensure you're doing everything correctly. Read Your Order Carefully and Consult a Criminal Defense Attorney Some people get caught up in the heat of the moment and don’t look closely at the order. Maybe the first thing you’ve done is Google what to do when you’ve been served with a protection order in Indiana. You need to read the entire order from beginning to end. Every detail matters. Pay attention to distance requirements, contact restrictions, and hearing deadlines. Some orders allow limited contact for specific reasons, such as coordinating child exchanges. Others prohibit all contact, including phone calls, texts, emails, and messages through third parties. If the order says you must move out of your home, do not return unless the court changes the order. If it says you cannot go to certain locations, avoid them completely. Even accidental contact can be seen as a violation. Assuming something is allowed or misinterpreting something in the order can get you into serious trouble. Consulting one of our criminal defense lawyers for advice has to be a top priority. This can feel unfair, especially when the order was issued without your input. Still, compliance protects you while you work through the legal process. Know Your Right to a Hearing Temporary orders of protection are just that, temporary. In Indiana, you have the right to request a hearing and tell the judge your side of the story. The order you were served with should include information about when that hearing will take place or how to request one. Our defense attorneys set up hearings on behalf of our clients all the time. We will do the same for you. What Happens at a Protective Order Hearing in Indiana? At the hearing, both sides can present evidence, testimony, and witnesses. This is our job; you don’t have to worry about doing this on your own. The judge will then decide whether to dismiss the order, modify it, or turn it into a longer-term protective order. This is not a casual conversation with a judge. The outcome can affect your living situation, your parental rights, your reputation, and even your future employment. Showing up prepared with the right defense attorney matters. Waiting too long or failing to appear can result in the order being extended by default. Taking the hearing seriously by hiring a criminal defense lawyer is one of the most important steps you can take. Avoid Common Mistakes After Being Served We know you’re upset. People often make the situation worse by reacting emotionally instead of carefully. Anger, panic, or a desire to “set the record straight” can lead to bad decisions. One of the biggest mistakes is trying to contact the person who requested the order. Even an apology or attempt to explain can violate the order. Another mistake is posting about the situation on social media. Those posts can be used against you in court. Thinking that the order will just go away is also a bad call. Protective orders do not disappear on their own. They require court action, and until that happens, they must be followed. Finally, do not rely on advice from friends or family. Even if they’ve gone through the protective order process, they aren’t lawyers. They don’t know Indiana law the way we do. Having our defense attorneys representing you is your best shot at a positive outcome. Taking the Next Step With the Right Indiana Criminal Defense Lawyer Being served with an order of protection is stressful, but it does not define you or determine the final outcome. What matters most is how you respond. Following the order, understanding your rights, and preparing for what comes next can put you in a much better spot. Acting quickly, with the help of an attorney, can prevent the situation from spiraling into something far more serious. At Dogan & Dogan, our criminal defense attorneys know how to fight orders of protection. Someone has made serious allegations against you, and you don't have to take it lying down. We'll fight for you. Have you been served with an order of protection? Contact us today, and let's talk about your case.
If you’ve been charged with a misdemeanor in Indiana, understanding your options and the potential outcomes is crucial. Reaching out to our defense team at Dogan & Dogan sooner rather than later can be the difference between a good or bad outcome in your case. Contact us online today.
Facing criminal charges in Portage? Learn what qualities matter most when choosing a criminal defense lawyer. Get honest guidance from Dogan & Dogan.
When can Indiana police search your car without a warrant? Learn your rights during traffic stops and what to do if evidence was taken unlawfully in Portage.
When can you legally claim self-defense in Indiana? Learn about Stand Your Ground, Castle Doctrine, and when force is justified under Indiana law.
Who's liable after a commercial truck accident? Learn who you can sue, from trucking companies to manufacturers. Get answers from Dogan & Dogan in Portage.
Injured in an Indiana boating accident? Learn how to recover compensation for your injuries, property damage, and losses. Dogan & Dogan Attorneys at Law can help.
Indiana marijuana laws in 2025: Learn what's legal, what's not, and how current legislation could affect criminal cases, workplace rights, and businesses.
Get answers to common wrongful death questions in Indiana. Learn about your rights, compensation, time limits, and how Dogan & Dogan can help your family.
Don’t let insurance companies take advantage of you. Discover why a personal injury attorney should always handle your claim and protect your right to fair compensation.
