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CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Ex parte order was filed against me under false pretenses by

Customer Question

Hi, and ex parte order was filed against me under false pretenses by a social worker, it was found out later in court that the social worker did not have grounds to send me to a mental hospital, what can I do
JA: Since laws vary from place to place, what state is this in?
Customer: Michigan
JA: Have you talked to a lawyer yet?
Customer: yes, several, I cant get any assistance, my business lost countless money and I was detained falsely without a clinical certificate
JA: What advice did they give you?
Customer: they just said that the were not willing to take it because there are too many obstacles
JA: Anything else you think the lawyer should know?
Customer: While in the hospital I was sexually harassed by a doctor, the cmh practice where I go has been billing medicare for services that I don't receive
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
Hi, and ex parte order was filed against me under false pretenses by a social worker, it was found out later in court that the social worker did not have grounds to send me to a mental hospital, what can I do
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,
Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn about this situation, the cause of action that would most likely apply (there may be others that would apply as well), would be "false imprisonment" and you could identify both the social worker, their employer, and the facility as defendants.

I would strongly recommend speaking to a local attorney to assist you with this claim as these proceedings often become very complicated due to the fact that government agencies are often involved (so there are issues with the "Tort Claims Act" and sovereign immunity, (you may run into something called a "42 USC 1983 claim") all of which significantly complicate both the procedure and the claims that can be made - it does not mean you cannot file suit, but it does make it more difficult, and it makes for a much shorter statute of limitations).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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