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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102144
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am divorced with two KIDS and shearing equal custody with

Customer Question

I am divorced with two KIDS and shearing equal custody with my EX-wife . Recently I was infected with Herpes virus . When one of my KID got sick when she was with my EX-wife , I texted my Ex-wife I have recently diagnosed with Herpes virus , may be I have
passed to them we may need to verify with the doctor. My kids where int infected . After few months my ex-wife send the picture of the text message to my friends and relative and exposed to everyone by email. What are the options for me based on the Federal,
California and Alameda county laws .Now I am emotionally affected and I cannot talk to any of friends and relatives.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. This is not a federal matter, but more a state matter based on state law. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, this may be enough to file suit for:

The elements of the tort of f intentional infliction of emotional distress are: `"(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct...." Potter v. Firestone Tire & Rubber Co., 863 P. 2d 795 - Cal: Supreme Court 1993.

This type of invasion of privacy claim must be weighed against the First Amendment's protection of free speech. Legal action may be taken if an individual publicly reveals truthful information that is not of public concern and which a reasonable person would find offensive if made public.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Customer: replied 1 year ago.
Is it a criminal suit ? What should I ask for? money ? What is the punishment for this kind of crime ? Should it be filed in criminal or civil court ?
Expert:  Ely replied 1 year ago.

No, a civil suit. Not criminal.

One can ask for (1) an injunction that she stops sharing these news, and (2) monetary damages - specifically punitive for actions that were malicious in nature, for example.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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