If anyone is an expert in mental health law that would be extremely helpful. I am an LCSW in CA. I teminated with a borderling patient and she has been harassing me with over 900 emails 900 phone calls. She has put defaming reviews on yelp.They thankfully took them off. I would like to file a restraining order, however, can I do this do to the Hippa law. Thanks Karen Chambre
Country relating to Question: United States
State (if USA): California
Good morning Karen,I'm sorry to hear of the situation.Under CA law,(CCP §527.6),you may protect yourself from civil harassment by applying to the court for a Civil Harassment Restraining Order. In order to show good cause for the Order, all that you need show the court is that the course of conduct engaged in by the person you seek to restrain, is such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to yourself. The facts as you have stated them make your case quite persuasive!You will need to fill out and file the Request for the Harassment Restraining Order, as well as some additional documents, with the court.Here are links to the documents, as well as an information sheet explaining the process for you:http://www.courts.ca.gov/documents/ch200.pdf Read first. Information sheet on how to ask for a civil harassment restraining order.http://www.courts.ca.gov/documents/ch100.pdf Use to start the court case to get a civil harassment restraining order.http://www.courts.ca.gov/documents/ch109.pdf Will tell you when to go to court.http://www.courts.ca.gov/documents/ch110.pdf Will tell you which, if any, temporary restraining orders (TROs) the judge signedhttp://www.courts.ca.gov/documents/clets001.pdf Fill out when you file for your restraining order. Gives information about your case to all law enforcement agencies through a computerized database.http://www.courts.ca.gov/documents/mc020.pdf Use if you need more space to answer some of the questions when you fill out your Request.http://www.courts.ca.gov/documents/cm010.pdf Civil Cover Sheet. Required when you file any new civil case.As for the issue of Defamation, you may actually have a cause of action for Defamation as well, based on the allegations that this person made false factual allegations about you.From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. 1. Slander typically involves an oral (spoken) representation. 2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.In order to win a defamation case, you must prove the following:1. A false statement was made about an individual, generally yourself;2. The statement was made to a third party;3. If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.4. Finally, you must show that you have suffered damages.As for the HIPAA regulations, you need not specifically state in the pleadings that you are the patient's former therapist. The fact that the evidence of the harassment that you identify to the court might suggest the previous relationship is not a violation of HIPAA regulations. You will not be able to discuss your previous treatment of this patient or submit any medical records. However, the fact that you have document in excess of 900 harassing contacts by this person should be more than sufficient for the court to issue the protective order.You may reply back to me using the Continue the Conversation link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Please recognize that the rating system only gives me credit for working with you when you click one of the 3 stars/faces on the right (positive rating). Also, kindly rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.I wish you the best in 2012,Doug
Thank you so much Doug. I wondered if I could have your first and last name and bar # XX possible. Not that you are representing me however that I consulted with you and I could put this in the patient's chart
Good afternoon,I'm very sorry, but as you are apparently a Professional on Pearl, I am sure that you realize that providing personal information such as that is strictly prohibited by the Professional Terms of Service.Additionally, you have not "consulted" with me in the sense of a legal consultation---but sought information about the law, which I have provided.You may reply back to me again, using the Continue the Conversation link, if you have additional questions.Please recognize that the rating system only gives me credit for working with you when you click one of the 3 stars/faces on the right (positive rating). Also, kindly rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear.I wish you the best in 2012,Doug
Thank you very much you did a great job
Good afternoon,When filing the Petition for the restraining order, be sure to serve the party whom you have filed the Order after it is approved by the court against as well.Here also is an informative site dealing with CA harassment restraining orders: http://www.courts.ca.gov/1278.htm#STEP_3_Serve_Your_Papers_on_the_Restrained_Person I certainly appreciate your thanks. Would you be so kind as to rate me highly so that I may be compensated for assisting you?Have a great evening ahead!Doug
I am a practicing attorney with more than 27 years of experience in the legal field.
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