Why Johnny Depp Filed A Defamation Case Against Amber Heard

I’m sure you’re wondering why Johnny Depp brought a defamation case against Ms. Heard instead of handling all these issues in his family law proceeding. Family law attorney Carla Harley discusses her thoughts on the Johnny Depp defamation case.

If you have any questions or would like to speak with a skilled attorney about a family law or domestic abuse matter, contact Hartley, Lamas, Et Al today at 805-919-8346.

Transcript:
I’m sure you’re wondering why Johnny Depp brought a defamation case against Ms. Heard, instead of handling all these issues in his family law proceeding. That’s something I’m going to discuss as to my opinion. I have not spoken to Mr. Depp or Ms. Heard, but i will talk to you
about my opinion with this in a moment.

My name is Carla Hartley, I’m an attorney licensed to practice in both Texas and California. I practice primarily in the areas of family law, though we also cover custody related issues in guardianship, conservatorship, and many elder abuse cases.

Back to Mr. Depp and Ms. Heard. This was not handled. All these issues seem like they are ripe for a domestic violence restraining order to have been issued at some point. However, there was no sign of this while the family law proceeding was taking place.

Victims of Domestic Abuse

And in fact, the family law proceeding was very quiet. It was resolved by settlement and I have not seen, as I have said before, their marital settlement agreement or stipulated judgment or whatever they entered. But I can say that now we’re listening to this, I think Mr. Depp is doing a service for many, many, many men who are victims of abuse.

I represent, and have represented, as have my partners, many men who have been abused by the women in their lives and have just not wanted to have what is a perceived stigma for saying they’ve been beat up by a woman.

I’m a former marine, and I have many qualifications, and I have a wonderful, wonderful relationship with my husband that is characterized by gentleness with both of us. Many people don’t have that privilege.

Domestic violence, whether you’re in California or whether you’re in Texas, is not appropriate in a relationship, whether you’re a man being abused or a woman being abused. Abuse is not appropriate in a relationship.

Actionable Abuse

Now, there are many types of abuse. The abuse, and what is actionable abuse, differs between California and Texas and the reason for that primarily lies with the legislatures and I think the cultures of the two different states.

The California legislature has decided to extend domestic violence to more be characterized as domestic abuse. It doesn’t require violence. Any degree of coercion or control that is provable under our evidence code, I want to be really clear on that, can be, presumably, actionable. That would get you a restraining order in a California court.

Texas is a little bit more, I would say, focused on actually having some type of harm occurring. Some type of physical confrontation, some type of physical harm, before a domestic violence restraining order can issue.

Domestic Violence Prevention Act

These are states that have both followed the federal guidelines on this. That have both adopted the Domestic Violence Prevention Act. But the culture and the legislatures of the two states have created something similar but very, very different in effectuation.

Help With Your Domestic Violence Case

So, if you are looking, if you are a man who has been abused, if you’re a woman who’s been abused, you need to know your rights. You need to call an attorney in the state in which you practice.

And if you don’t live in Texas and you don’t live in California, call an attorney in the state in which you reside, because that attorney is going to know the laws for the state where you’re at and how the DVPA is effectuated in your state.

My name is Carla Hartley and I hope this has been helpful to you. And I hope if you need help, you get it.