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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 12394
Experience:  Experienced in multiple areas of the law.
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I was in a relationship where it's coming to light that

Customer Question

I was in a relationship where it's coming to light that the person was gathering information, we fought on April 11th and he threatened to hurt me, then later that nite stole my safe with the savings I had from social security. I have been calling the police and for the theft of the money they are finally prosecuting. However I am having trouble in regards ***** ***** fact that we were in a relationship although it was more I think to steal my information. He has contacted companies in my name, I am getting fraud alerts, he comes in the house when I'm sleeping and does God knows want but also goes over my information I have provided prosecution and destroying evidence and it's a criminal case. I just found out he made keys in my name and has been coming in the house, here is my concern:The police tell me he can destroy my evidence I don't think that's correct I'm trying to recuperate money intended for my disability not for him.Two- he has broken into my drawer without permission and taken medical files and copied personal documents that have personal medical information not disclosed to the public that was locked and he had taken them as well as taken pictures(I saw the date stamps of evidence and sent it to himself.Impersonated me and obtained new keys and found a hidden camera in the house he was monitoring me with that is outside of my camera setup.Changes my alarms accesses my email accounts and does what he wants and the police do nothing. I feel I need to document for my case so I am thinking of writing a notarized letter of concern that while criminal charges have been filed he is being allowed to destroy evidence take my medical records, plant cameras. He never ever paid a cent I have never consented to him having my files and most importantly my hIPPA rights do they not count?Please tell me if I have valid points or not. I obtained a restraining order and have an appointment with internal affairs. I understand civil rights but I have a right to privacy and not have my case Sabotaged, were in a gay relationship btw and I think this is causing problems with the police.Regards,
Erick Torres
Submitted: 8 months ago.
Category: Legal
Expert:  RobertJDFL replied 8 months ago.
Thank you for your question this evening. I'm not sure why the police are telling you that he has the right to come into your house and destroy things. He has no more right to do that then I would to come into your home. There are a few issues I see here. First, if he's entering your house without your consent, that's unlawful, and taking items could be seen as burglary. The fact that he had a key made doesn't make it legal if you told him you no longer wanted him in the home. Second, now that you have a restraining order, if he enters your property, that likely is a violation of the restraining order as well, which can be a criminal violation. The police need to be notified. Stealing your identity to do things like open accounts in your name, for example, or take out credit cards, is not only an invasion of privacy (a civil action) but fraud (criminal). If you haven't done so, you need to contact any of the three credit bureaus and inform them that you think you may be a victim of identity theft and have them flag your account. When you notify any of the credit bureaus, they will automatically notify the others. And, by flagging your account, will monitor for suspicious activity and contact you should any new accounts be opened. I'd also notify any financial institutions you do business with.It's not a HIPAA violation to take the medical records, because HIPAA applies only to medical providers, like a doctor's office or hospital, but it definitely is an invasion of privacy to take them and then use those records or reveal the information to other people. It's also an invasion of privacy to put cameras in your home and videotape you without your knowledge and consent. Again, invasion of privacy is a civil action, meaning you could file a lawsuit against him to recover monetary damages.If you need clarification or additional information, please reply and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces before signing out, so I am credited for my time and assistance today. Thank you!
Customer: replied 8 months ago.
But can I get the police to take action to stop him from doing these things? Should I formally write a letter and notarize it directed to my police of my concerns over privacy and obstructing an investigation since he has destroyed or erased things? So later if it comes up in the criminal trial I can have it noted the invasion of privacy and lack of consent? They are doing nothing and he is viewing all my documents stealing them, also erasing my main cameras so that he's not seen. I'm very frustrated and disappointed with the police
Expert:  RobertJDFL replied 8 months ago.
A notarized letter isn't necessary. A notary would only be acting as a witness to what you signed. So they are essentially saying "Yes, this person who signed the letter is who they say they are, and I verified it." That's it. You could always testify at a trial as to what sorts of things have happened and that the police haven't taken reports. I'm glad you're meeting with internal affairs because honestly, this doesn't seem right to me at all, either. There's no reason the police shouldn't be at least taking a report of a suspected crime(s) -- it doesn't necessarily mean that the prosecutor will decide to bring charges of course, but the police should at least look into it. Someone breaking into your home is a crime -no two ways about it. Stealing your things is a crime. Using your identity is a crime. I don't know why they don't see all that. I would bring any and all evidence that you might have when you meet with the police. And if internal affairs won't help, ask for a superior officer rather then the person at the booking desk -the captain or someone in a similar higher position.
Customer: replied 8 months ago.
the police officer told me her exact words, he can destroy anything he wants! I think it's ridiculous. Someone recommended I go directly to the state prosecutor? Your thoughts?
Expert:  RobertJDFL replied 8 months ago.
Well, I don't think you have anything to lose by doing that -it is the prosecutor's office, and not the police who ultimately decide whether to press charges. However, it's not likely you'll get to speak to the head state attorney, but likely an assistant state prosecutor. And what they will probably say is "Well, have you gone to the police?" or "What do the police say?" But what the police told you is not correct-- a person who you told not to come into your home does not have the right to simply go through things and destroy or take them.
Expert:  RobertJDFL replied 7 months ago.
Did you have any further questions about my answer that I can clarify? If not, I would kindly ask again for you to please leave me a positive rating by clicking on the stars, as experts are not employees of this site, and we are only compensated when you remember to leave a positive rating. Thank you!