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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 458
Experience:  Attorney with 13 years experience.
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I am in the middle of a very divorce where my wife is making

Customer Question

I am in the middle of a very nasty divorce where my wife is making multiple false allegations in regard to violating my restraining order. Which was also obtained on false statements. I have lied down for all of this so as not to do damage to her financially or professionally as she is my children’s mother. I’m done worrying about how protecting myself and assets may adversely affect her. I want to submit and make public, and report to the appropriate state and federal agency’s verifiable evidence that she has illegally prescribed narcotic controlled substances on multiple occasions. Also, other verifiable incidents of inappropriate prescribing and other inappropriate practice issues.
I want to create sponsored/paid Facebook posts that will saturate our community of these factual incidents. I also want to Facebook post a polygraph I have totally passed in regard to all issues criminal and civil of this case on Facebook and “boost”/pay to have the posts amplified where they will saturate our county. In taking this strategy is there any criminal or major legal issues I should be aware of?
Submitted: 2 months ago.
Category: Family Law
Expert:  mmdesq replied 2 months ago.

Good Afternoon:

Your wife can pursue you for libel and slander and the damages would be the amount of lost Business revenue now and in the future. Your defense to this claim will be that the statements are true. The polygraph does not prove the statements are true. It is one piece of evidence that supports your version is the true version. However polygraphs are not permissible in court. I would recommend calling the medical board in Oklahoma and reporting the prescription violations in order to allow the appropriate authorities to investigate. That would be a much safer course of action then posting to Facebook and probably more effective. Damaging your wife's business would also have a negative impact on any claim you might have through your marriage in the business as a marital asset that you can otherwise be entitled to a portion of. Since this matter appears to involve a marriage with some assets and also protective orders the may have been wrongfully obtained I would highly suggest obtaining a local Oklahoma attorney to represent your interests as soon as possible.

Customer: replied 2 months ago.
It's my reputation that has been destroyed by false statements. I've taken the high road until receiving the letter from my wife's attorney yesterday stating they were going to make contempt of court charges if I didn't pretty much just give everything to her. I've already left the office I started 5+ years ago and allowed her to stay. She's only been in practice for 2 years and I gave her most of her patients from my client base. I've done so to protect the business for my children's sake. I want my attorney to counter with "no, we will have everything appraised and split it down the middle and by the way if you don't retract all of your false claims to include the original false claim to obtain the restraining order we are going to turn you in to the DEA and state board for illegal prescribing." She know it's true and can be proved by just pushing the "print" button on the digital records in our office and at the state monitoring system website. I'm getting killed being the nice guy. I need to put some fear into her to make her do the right thing or at least lose her license to practice if not go to jail herself. Is there any legal downside to telling her attorney if they don't come clean and drop all of the false statements and simply do a 50/50 split where she maintains the business, to stating we will then be forced to send that info to the appropriate agencies.?
Expert:  mmdesq replied 2 months ago.

I understand not wanting to be the nice guy and just take all the crap she is giving. I also dont want to do a knee jerk reaction.You need to be smart and use the system to your advantage. I do think you can and should use the issue of the prescription as part of your negotiations, but you need to do it carefully. It can be considered extortion to threaten the filing of a criminal action in exchange for the payment of money or the settlement of a case. Please don't misunderstand, I do think he you can use this fact to your advantage you just need to do so carefully and not make it a quid pro quo for settling the divorce case. It could possibly be phrased as wife I'm sure would not want Business evaluators or or regulatory authorities sifting through the businesses records as that could cause a diminishing in value for each of you and also licensure problems.

Expert:  mmdesq replied 2 months ago.

Please accept my responses to your question at your earliest opportunity. Otherwise it stays open on my end as if I did not respond. Thanks you.

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