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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I am currently on probation and about to get off. over a year

Customer Question

I am currently on probation and about to get off. over a year ago my daughter was put in rehab. I wanted to visit her so I called her P.O. and asked if it ok. She said she would talk to my P.O. about it. After 2 weeks I called her P.O. Her P.O. told me she had and that my P.O. said I was mentaly unstable, not following my probation rules, having contact with people who I am not supposed to, a harm to my children. Well I was upset because none of it was true, So I called my P.O. to see what was going on my P.O. showed up for a house visit and asked me what was going on I told her. She said she had not talked to the other P.O. and that none of that was true about me. Our last visit she said I was doing good and keep it up. So I called her supervisor and asked for a visit with her and my daughters P.O. The appointment was set up 2 days later, in the mean time she contacted my P.O. and everything was straightened out I got to visit my daughter. I am still having problems with this P.O. is there any legal action I might be able to take against her P.O. Such as false accusations, conduct unbecoming of an officer of the court, abuse of power. She should not have lied and caused me that stress.
Submitted: 3 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 3 years ago.

Dear XXXXX, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,


Just so that I am clear on your facts,


1. Your daughter's PO is the person who called you ?



2. It is your daughter's PO who told you that your PO said you were mentally unstable ?







Customer: replied 3 years ago.

I called her probation officer, and asked to see my daughter. My daughter P.O. said that would contact my P.O. I waited week or so than called my daughters P.O.


Yes her P.O. said all those things to me on the phone from her office she at that time had not talked to my PO but said she had.

Expert:  Andrea, Esq. replied 3 years ago.

Dear XXXXX, Thank you for your additional information,


If your daughter's PO had said that to a third person and not you, I would have said that you could file a lawsuit against her for defamation of character; however, she said it to you and that does not meet the requirements of a defamation of character action.


There is no question that the PO should not have said that and certainly not lied to you, but unfortunately, not every word and phrase (no matter how hurtful and inappropriate) is actionable.


As for "conduct unbecoming an officer of the court" which you asked about, I am afraid that would not be possible because first, only Attorneys are officers of the Court, a PO is not an officer of the Court; and second, that is a charge reserved for the military service.


In order to assure that this PO does not act this way again, I certainly would report her in writing to her superiors and describe to them how unprofessional it was and how it affected you. This will certainly go on the PO's permanent record and will be reviewed each time the PO might be up for a promotion, or when she looks for another job,


I realize that this is not exactly the Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am kindly requesting that you not hold the law applicable to your situation against me,





Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,


Bonus and Positive Feedback on survey is very much appreciated,





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