QUESTION

What rights do I have towards the person that I have never met or seen that she is diagnosing me and labelled me in court documents as being bipolar?

Asked on Feb 23rd, 2013 on Personal Injury - New York
More details to this question:
I texted my ex one time to keep his girlfriend away from me or I would beat her up. She got a protective order by using false accusations as to my mental state and said I was diagnosed as being bipolar and other mental stuff. How can she do this? I have never been diagnosed this and have never taking any meds or received treatment for this. She stated I haven't taken my meds or been to treatment for years because of my mental history. She is concerned for her safety and my ex's and my 15-year old son and his emotional state. I work with the law enforcement in this town.
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5 ANSWERS

File a response with the court which issued the protective order, requesting that it be rescinded based on false information. You could also consider suing the girlfriend for defamation of character.
Answered on Feb 26th, 2013 at 7:58 PM

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Workers Compensation Attorney serving Torrance, CA at Law Office of William S. Lindheim
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The question you ask involves libel and slander (defamation of character). If the other party has obtained a qualified medical opinion from a doctor stating that you are bipolar and this was presented as evidence in court against you, then the other party generally will have the right of "absolute privilege" and hence you cannot sue the other side, even it is were ultimately wrong. If it was made in malice or spite, vengeance or hate, and it was not stated it court and without any evidence to base this opinion, then you may have the right of a slander suit against the other side. Without knowing more details, it is hard to say. My first question would be whether the opinion was part of a legal case in the court of law? If it is and it was done in good faith, then you are generally out of luck. But if it was not done in the court of law, I will need to know more details and circumstances and the motive for the other party saying that you are bipolar.
Answered on Feb 26th, 2013 at 7:29 PM

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You can appeal if the order was based on something that there was no evidence for. However as you indicated you did threaten to beat up the woman and if that is in the petition or was said in the hearing your chances are slim to none. Also you cannot sue her for baseless accusations in the pleadings and what was said in court. But if it was said or written to someone outside of court then you might have a defamation claim against her.
Answered on Feb 26th, 2013 at 2:24 PM

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James Eugene Hasser
Experts giving testimony in a case are immune from civil lawsuit in this country, although they can be criminally prosecuted for perjury only by the District Attorney. Short of litigation, you can file a complaint with the medical board, but I'm not sure how far you will get with that. Because your question is intertwined with criminal law, which is not an area I regularly practice, I recommend you talk with a criminal lawyer.
Answered on Feb 26th, 2013 at 2:24 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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This must be a temporary order and there will be a hearing to determine if or how long it should extend. At the hearing, her testimony can be challenged. That being said, it probably wasnt a good idea to text her that you would beat her up, even though it was not meant as a threat, especially since you work with law enforcement.
Answered on Feb 26th, 2013 at 2:23 PM

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