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socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37957
Experience:  Retired (mostly)
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Quashing my mental health records from view by ex husband,

Customer Question

Quashing my mental health records from view by ex husband
JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: Has anything been filed or reported?
Customer: Subpoena. My response is due monday
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Consumer Protection Law
Customer: replied 1 month ago.
Custody of 16 year old minor involved.
Customer: replied 1 month ago.
Would not object to a third party evaluator having records but not ex husband
Customer: replied 1 month ago.
Ex filed a subpoena to obtain directly my health records mental and physical
Expert:  socrateaser replied 1 month ago.

Hello,

You can move to quash on grounds that the records sought are privileged from disclosure pursuant to Cal. Evidence Code Section 1014.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Customer: replied 1 month ago.
Is the privilege of 1014 negated because I was put on a hold that is over due to my danger to self risk?
Expert:  socrateaser replied 1 month ago.

Section 1024 provides: "There is no privilege under this article if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger."

In order for your ex to exercise this exception he would have to obtain the testimony of the mental health professional who was in charge of your care during the Section 5150 observation hold, and that person would have to testify that he/she believes you remain a danger to yourself or others.

If that were true, you would be in an institution somewhere, right now. So, I don't see how your ex could possibly use the exception to obtain your records.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 month ago.

Hello again,

I just want to mention that if you are a party in the current case, then you cannot simply object to the subpeona -- you must file a motion to quash. That's a pretty "heavy lift" for someone representing themselves. So, you may want to hire legal counsel to prepare the paperwork, even if you don't have an attorney represent you at the actual motion hearing.

If that's something you are interested in pursuing, I can send you a premium services offer, and we can take the discussion offline. Please let me know.

If not, then I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!