It is well known that orders of protection are widely abused in divorce proceedings, and I am one of the victims of that abuse. At the advice of my attorney, I chose not to challenge the protection order as they are rarely dismissed and it would be an otherwise waste of resources I didn’t already have. In addition, if the order was not overturned, that would be a strike against me. Among the statements that my spouse provided to obtain the court order, two stood out. She disclosed one of my medical conditions, diagnosed by a clinical psychiatrist a few years back. The statement simply said “he was diagnosed with xxx xxx.” HIPPA laws notwithstanding, the statement is indicative of someone who is either an abuser, or has the capability to be an abuser in the future. Also, I was admitted to the ER a few months ago. She also listed the summarized diagnosis provided by the hospital in the order of protection. These orders are public records.
You have a lawyer. Speak to your lawyer about your case. He or she knows everything about your case.
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Mental health histories are expressly relevant during divorce, assuming children are involved. Even when there are no children, this type of thing frequently finds its way into the pleadings. This does not sound actionable.
I won't speculate regarding your particular order of protection, but I will say they're quashed more often than not in my experience. There also isn't any additional harm to your case that comes from contesting an OOP. You may want to get a second opinion on your case.
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You could ask to have the records sealed by the court, but HIPPA does not apply to individuals, only medical providers and other related entities.
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