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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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I am a military officer and my soon to be ex-wife filed an

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I am a military officer and my soon to be ex-wife filed an erroneous restraining order A few months back as a means of getting me to fork over $30K in spousal support. The order is fraught with lies, that include allegations of rape, kidnapping, imprisonment, assault and battery. It further includes my personal medical records to include allegations of once being thought to have HIV, and PTSD. My ex is a medical professional (Health Care Administrator) and I would assume should know better than to divulge this information publicly. Additionally, she mentioned I came from an abusive family, and thereby may have violated a NDA agreement she signed with my sister (celebrity Tyra Banks) that stipulates no family information should be divulged. Making matters worse, I am currently undergoing an investigation to attain a Top Secret clearance, and all this information is now in my military records were it can affect my promotion and security clearance potential. I am scheduled to contest the order on June 25th, but the genie is already out the bottle. That being said, is there any way I can sue for defamation, violation of the family NDA and HIPAA Privacy Rules in the State of Washington?
Submitted: 4 years ago.
Category: Family Law
Expert:  ANDREA, replied 4 years ago.

Hello and Welcome to JustAnswer, My name is Andrea and my goal is to provide you with Excellent Service,

 

I am sorry to hear what your soon to be ex wife is doing to you, your name and your reputation,

 

1. You asked if you could sue your soon to be ex-wife for defamation, for violation of the Non-Disclosure Agreement she signed with your sister, and for violation of the HIPAA privacy rules,

 

Answer

 

1. You can sue her for slander (for making false statements), libel (If she conveyed these false statements in writing) and defamation of character. As the Plaintiff, you would have to prove the following:

A. She made false and derogatory statements about you;

B. She knew that they were false, or made them with reckless disregard for their truth or falsity;

C. She conveyed these false statements to another individual

 

Normally, a Plaintiff would have to prove damages - emotional, financial, damage to one's name and reputation in the community. However, there are certain instances when damages need not be proved and that the statements were "Slander Per Se". One of these instances is where the statements are "Slander Per Se" is if they falsely accuse another individual of a sexually transmitted disease. Although HIV can be transmitted in several ways, it has come to be known as a "sexually transmitted" disease. Therefore, because she made these false statements that you had HIV, commonly associated with sexual indiscretion, you would not have to prove damages the fourth element of a cause of action for defamation of character;

 

2. With respect to her violation of a Non-Disclosure Agreement she signed with your sister, you would probably not be successful unless you had "Privity of Contract", i.e., that you also were a signatory of the Non-Disclosure Agreement. If you were not one of the parties who signed that Agreement, then you would not have standing to file a lawsuit for this - But, your sister certainly would be successful in filing a lawsuit against her for violating the Non-Disclosure Agreement since your sister was one of the parties who signed that Agreement;

 

3. With respect to HIPAA, I agree with you completely, if she is in the health field, she should know better, however, you could only sue her for violating the HIPAA privacy rules, if she were one of your medical providers and she disclosed any part or parts of your medical records to unauthorized third persons. If she was not one of your medical providers, then she had no legal obligation to keep your medical information private.

 

***If you are denied Top Secret Clearance and denied a promotion or a position because of the false accusations she made against you of rape, kidnapping, assault, battery, and the rest of the false accusations, you could sue her for damages you sustain because of the denial of Top Secret Clearance, denial of promotion and denial of the position because of these false accusations. This would be a lawsuit separate and apart from the lawsuit for slander, libel, and defamation of character.

 

 

I am sorry that I could not tell you that you could file a lawsuit for all of the grounds you mentioned because it would have given me great pleasure, if I could have done so, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully asking that you not hold the law applicable to your situation against me.

 

If I have not Answered your question fully, please let me know by using the "Reply" button and I will be glad to explain further,

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Thank you for allowing me the opportunity to assist you,



ANDREA

 

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