Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My brother n law released the forensic abuse evaluation to…

Customer Question
Good morning Lawyer's Assistant:...

Good morning

Lawyer's Assistant: Hello. How can I help?

My brother n law released the forensic sexual abuse evaluation to my 21 year old daughter and my mother . My ex husband died of an overdose last April and my brother in law has all of his records

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Not yet iam in ca now and will be home after x mas

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No

Submitted: 6 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
12/22/2017
Family Lawyer: Ely, Counselor at Law replied 6 months ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only 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. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I ma sorry to hear about this situation. Please clarify - what is it that you are asking here, i.e. what do you wish to know?

Ask Your Own Family Law Question
Customer reply replied 6 months ago
How to proceed with a HIPAA violation
Family Lawyer: Ely, Counselor at Law replied 6 months ago

Please be more specific? Your brother in law release a sexual abuse evaluation (done when, unto whom, by whom, and why)? And, how does your ex husband's overdose connect to the situation?

Ask Your Own Family Law Question
Customer reply replied 6 months ago
done first week in December, released by email to my daughter, requested by my daughter (asked by my mother)overdose is not connected other than his death led to his paper work in the possession of my brother in law
Family Lawyer: Ely, Counselor at Law replied 6 months ago

I am sorry, I still need more information.

WHO did the evaluation? On a minor or an adult? By whose request? And why? Please fill me in on the background, in general. Thanks.

Ask Your Own Family Law Question
Customer reply replied 6 months ago

Dr ***********, evaluation was ordered by the court to evaluate myself, my ex husband, two daughters and son based on investigation of incest between my ex and two daughters 2012 viewed my oldest daughter and ex husband , oral sex

Family Lawyer: Ely, Counselor at Law replied 6 months ago

I see. On this website, I do not always get to give good news, and this is one of these times.

HIPAA is for medical entities such as physicians, hospitals, etc. It does not apply to private individuals. This means private individuals have no duty to not share medical information that they rightfully have in their possession.

Herein, the evaluation was court-ordered. If the person that shared it is the lawful custodian of the minor included in the study, then they did not arguably do anything that merits a civil action.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ask Your Own Family Law Question
Customer reply replied 6 months ago
Evaluation included mmpi 2 results , interview results of three children , myself , exThree interviews of each person and each parent with the childrenThe document was also protected by court order
I am the legal custodian of the children
Family Lawyer: Ely, Counselor at Law replied 6 months ago

I see. My answer stands "as is" in regards ***** ***** However there may still be a lawsuit under civil 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.

Herein, such an action may fall under Invasion of Privacy - Public Disclosure of Private Facts.

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.

It would be up to you to initiate such a civil suit separate from the ongoing matter.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,582
103,582 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

103,582 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
How do I request a change of jurisdiction for custody and
How do I request a change of jurisdiction for custody and request for child support from CA to MA.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband is in a custody battle with his ex wife and there
My husband is in a custody battle with his ex wife and there as been abuses reported in my step daughters home so the judge ordered a CFI. The CFI is wanting my husband and I to sign a medical release… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,116 satisfied customers
I'm going through divorce, child custody case. there was a
there was a protective order that got dropped after the arrest as my husband tried to suffocate me … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am a powerless mom who seeks to give a voice 2 year old
I am a powerless mom who seeks to give a voice for my 2 year old daughter who disclosed of sexual and physical abuse from her father and yet was given unsupervised overnight visitation and joint custo… read more
mmdesq
mmdesq
Attorney
Doctoral Degree
518 satisfied customers
I have a contempt of court hearing coming up in the State of
Hi. I have a contempt of court hearing coming up in the State of DE. I stopped 3 yr old child's visitation to dad's due to suspect of sexual abuse by the father which the daughter was saying to mother… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,116 satisfied customers
My step-granddaughter told my daughter-in-law that her
My step-granddaughter told my daughter-in-law that her father is sexually abusing her. She is 6 years old (although she said it in her words). She had the medical exam which she told the doctor things… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My sister and law got power of attorney, when we are not
My sister and law got power of attorney, when we are not sure, shes been lying, a rough estimate of monies taken without other children approving also is on low average possibly $200,000. All belongin… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,116 satisfied customers
How can malicious prosecution be pursued for a person who was
How can malicious prosecution be pursued for a person who was acquitted in one case where the ex wife claimed sexual assault vs. their 4 yr old child (ex wife admitted under oath she lied and worked o… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Question for New York State Family Attorney. My ex husband
Question for New York State Family Attorney. My ex husband is trying to fight the custody arrangement that we had signed in our stipulation of settlement. He is stating that I am endangering our daugh… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
My daughter is 3 and has complained of her father (my ex-husband)
My daughter is 3 and has complained of her father (my ex-husband) sexually molesting her. She has just completed the EFE. I went to court in OK last week and the GAL said the evaluator confirmed my da… read more
mmdesq
mmdesq
Attorney
Doctoral Degree
518 satisfied customers
I HAVE A SOON TO BE 15 YEAR OLD STEP DAUGHTER THAT LIVES IN
I HAVE A SOON TO BE 15 YEAR OLD STEP DAUGHTER THAT LIVES IN TN WITH HER BIOLOGICAL MOTHER. HER MOTHER HAS PRIMARY RESIDENTIAL CUSTODY OF HER. MY HUSBAND HAS JOINT LEGAL CUSTODY WITH HIS EX WIFE. WE HA… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I am one of five siblings...two sisters in CA. and two brothers
I am one of five siblings...two sisters in CA. and two brothers here in MA. My twin brother Dale (51 years old) has lived at home most of his life (Norwell MA.) My father just passed away on Tuesday (… read more
Ray
Ray
Lawyer
Doctoral Degree
33,288 satisfied customers
My sister lives in Mountain City, TN. She is having a problem
My sister lives in Mountain City, TN. She is having a problem with her 21 yr old daughter. The girl is bipolar (undiagnosed). She is also the mother of a 4 month old son which she is not able to care … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My ex-husband and I each put2000.00 toward a small camper for
My ex-husband and I each put2000.00 toward a small camper for my daughter and her husband to live in. They were almost homeless. The husband's father let them put it on his land. The husband died of a… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
my husband and I was raising our granddaughter from the time
my husband and I was raising our granddaughter from the time she was 3 1/2 weeks old due to her mom being arrested for smoking pot while still breasting . She was in jail and then entered a 3 month re… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
Can I get a restraining order against my ex husbands ex wife
Can I get a restraining order against my ex husbands ex wife against seeing my 19 year old daughter? This woman just took my daughter away for a week and did not tell me and instructed her to lie to m… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
My client was hotlined for anally penetrating his brother when
My client was hotlined for anally penetrating his brother when my client was fourteen and his brother was three years younger. This was a substantiated hotline. Is this sexual abuse? What is the age d… read more
Ray
Ray
Lawyer
Doctoral Degree
33,288 satisfied customers
Can I obtain a restraining order for emotional abuse between
Can I obtain a restraining order for emotional abuse between my ex-husband and my 21 year old daughter. He is an alcoholic with a background of physical abuse to me and after our eldest daughter was k… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x