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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12417
Experience:  JD, MBA
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Can a judge deny someone the rights to seek medical

Customer Question

Can a judge deny someone the rights to seek medical treatment because of an order of protection against that person?
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. However, I am unclear about your question. Can you provide a little background information and perhaps clarify the question? Thank you.

Customer: replied 1 year ago.
Ok, my ex wife had an emergency protection ordered issued against me, and one of the places she put down that I can't be within 500 feet of his her place of work, which is a hospital and I'm active duty military and the hospital is also where my doctor is and I receive all medical care, and the judge granted the Protective order to remain in effect for 3 years, which means I can not receive medical care because of this order. Is this legal for me be denied my medical care from the judge?
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

If that hospital is the only reasonable place that you can receive medical care, then you can bring this information to the judge's attention, and hopefully he will modify the order such that you can go to that hospital under certain circumstances. But if there is another place to receive medical care, even if it's less convenient for you, then I'm sorry to say that the judge will likely not modify the order. Instead, he'll tell you to visit the less convenient alternative.

The reason for this is that the judge must weigh your ex's safety against the inconvenience to you. For example, if you would be forced to drive an hour to see another doctor, the judge would probably be okay with that. On the other hand, if there were an emergency, and you would risk death or serious injury by going an hour away, as opposed to the closer hospital, then that violation would likely be considered acceptable.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Customer: replied 1 year ago.
well this is my only source of medical care, like I said I'm active duty and the hospital is my only choice for medical care.
Expert:  TJ, Esq. replied 12 months ago.

Then you should go back to the judge to explain that it's your only choice for medical care. The judge will likely modify the order such that you can receive medical care when necessary. Of course, you should be prepared to prove that there is nowhere else that you can go for medical care.

If the judge were to refuse to modify the order, then you can appeal and make the same arguments in the appeals court.

Expert:  TJ, Esq. replied 12 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue.