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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18083
Experience:  B.A.; M.B.A.; J.D.
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I've been battling /2 years, and these

Customer Question

Hi, I've been battling for custody for 81/2 years, and these people (my daughters family) has used every form of harassment, slander, defimation of character, conspiring to commit crimes, interfering in every aspect of my life to cause emotional distress, calling the police and CPS on me 47 times, and interfering in the school so the school thinks I'm horrible, just to smear me in the mud...I'm desperate for help, and I don't know where else to turn
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
They've thrown 100s of accusations toward me, so I'm busy running around proving my innocence, meanwhile any information they gather on me, they've used to call and make false records on me, and it has gotten so bad, that they convinced the court that I was dangerous and took her away, with out any evidence, only testimony of people they manipulated into helping them. Any time I try to defend myself, they just amp up the harassment to discredit me and bully my into submission. I can't take this any more, and I am begging someone to help me
Customer: replied 1 year ago.
Theyve used my daughter as a pawn to collect information on me, such as my health records, exploiting my personal life with accusation after accusation. When they couldn't find anything, they would call places that Im affiliated with, such as my job, would call and say I was on drugs to cause unnecessary suspicion and drama. They've called my doctor's office, my pharmacy. They've contacted the government offices, when I had government medical assistance and food stamps, they made false reports with them. They've contacted workmans comp when I was injured at work, and told them I was still working and to cut me off of my benefits. They've worked around the clock to cause stress and panic, and have gotten away with it without any penalty.
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I am sorry to read about your difficulties.
If you are being harassed and slandered, you need to bring the issues to the Court. If you do not have an Attorney, you need to retain an Attorney for your June hearing. You cannot do this on your own.
Your doctor's office, pharmacy, government agencies, and other third parties cannot release information about you to third parties without your consent or a Court Order. Your doctor, pharmacy, and other health care providers cannot release your health care information to third parties without your consent. If they have done so, then they are in violation of HIPAA (Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and you should file complaint against them with U.S. Department of Health and Human Services, Office for Civil Rights ("OCR"). OCR is the agency charged with enforcement of HIPAA. Click on the link below for the complaint process.
http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html
For slander/defamation, you can file lawsuit against them for defamation of character. However, in order to prevail in a defamation suit, you must be able to prove all of the elements of defamation. Generally, you must be able to prove (1) that a defamatory statement was made against you; (2) that there was a unprivileged publication of the statement to a third party (spreading of rumors, making false accusation); (3) if the defamatory statement is a matter of public concern, fault amounting at least to negligence on the part of the publisher—this may not apply to you if you are not a public figure; (4) then finally you have to prove that you suffered damages as a result of the defamation.
You would need to consult with a Civil Rights Attorney in your area to assist you in putting your claim together as these cases can be very difficult to win. Interview at least three Attorneys and/or review their web sites to see which one will be a better match for you. You want to look for someone who is not too busy to handle your case; someone who will return your phone calls in a timely manner, and someone who will give you prompt updates on your case.
Click here to find local Civil Rights Attorneys in your area:
http://www.lawyers.com
http://www.justia.com