How do I get a restraining order during a divorce,only verbal harrasment, not physical, constant texts and face to face

Since March 1st I've received continuous texts from my husband saying he's not paying a dime, calling me names, cussing, and threatening to take everything from me including my car. He called the police, lied and said I stole money from him and forged checks. He is constantly harrasing me and says it's a game to him that he will win. I need some kind of protection from this mental anguish he's putting me through. I tried going to court for a restraining order and they told me the judge will see me if there is physical abuse or threats pertaining to physical harm.

Nathan’s Answer

Such behavior can and should be protected against regardless of gender. Review the evidence you have with an attorney for a more specific consultation than court staff can give you.

I believe HIPAA has been violated. How do I protect myself and others?

I have emails from someone at the company direct from their personal email address to me. They had vague threats in them. I also need medical care and I'm worried that will be leaked too. What do I do?

Nathan’s Answer

If someone emailed you confidential or protected health information of another there may be a violation, but usually only if they themselves are a health provider. Why are you concerned that the fact you possibly need medical care will be leaked? You may have privacy causes of action - HIPAA does not have a private right of action as it is a federal law to help keep health providers in line.

In october i have a hearing for accusations against me. i was assaulted by a patient. if i loose my license can i sue the person

i thought it was illegal to assault an rn in an er. in 2013 i was assaulted and i made a police report. this october i have a hearing for accusations against me and it could cost me my license. can i sue the perpetrator or the hospital that fired me? a very beligerent pt came in via fd claiming he got hit by a car. out of the blue he chose to start messing with me in particular. yadda yadda yadda, he chedt bumps me, i push him off, he falls back and cracks his head open on the floor. doc ordered ct which was negative and stapled his head. the entire time he was a complete jerk to every one on staff. even the paramedics had called pd before they arrived at the er. so the family of this bully filed a complaint with the brn. now im the one facing conviction. can i sue him for lost wages?

Nathan’s Answer

Consumers typically enjoy broad immunity in reporting licensees to the respective Board or Bureau. It is incumbent on you to prepare against the investigation/hearing by the BRN. You can choose to sue the complainant if you or an attorney you consult believe there are viable causes of action. Also, theoretically, you can sue hospital for their failure to adequately make safe your work environment. You have mentioned in the past that security is noticeably slow when called. However, focus should be on protecting your livelihood. It would be wise to prepare for license defense.

What should I do after I get served a notice for an administrative hearing by the state attorney general's office?

We've been in business for more than a decade and have renewed our approval status several times. However, last year, our School was denied "Application for Renewal of Approval" to operate our small post secondary institution. Few days ago, we were served a notice for an administrative hearing, and asked to respond within 30 days. We were wondering if we can get an experienced administrative attorney that can take our case and help us in this matter. This is not a criminal case nor a complaint from from a student or a community member. It seems that there were some oversights and policy violation issues by our School. We need a lawyer that might be interested in helping us.

Nathan’s Answer

While this is not a criminal case nor a particularized complaint by complainant, oversights and policy violations can be used to deny and affirm the denial for Renewal of Approval. It would behoove the stakeholders to consult with at least 3 administrative attorneys to get an idea of how such a matter can play out, and how best to prepare.

I was sued in August of 2012 and hired a lawfirm to represent me. I used this lawfirm until March of 2013 and then replaced them for mishandling my case.

My case recently settled (a few weeks ago) and the prior law firm is now asking me to pay them $20,000 of unpaid bills + $3,000 in balance.

I read that the statue of limitations for malpractice against them is 1yr which would mean that it expired around March 2013. I did not wish to bring a legal malpractice lawsuit earlier because I was dealing with my other lawsuit. Can that be used as a reason to extend the SOL?

Can I still bring a case of legal malpractice against the former attorney?

is the former lawfirm likely to sue me for the balance due? I have already paid them over $40,000 but they are saying that I owe them another $20,000.

Nathan’s Answer

Can you demonstrate that your case would have had a better outcome had the former firm not "mishandled" the matter? If so, you may be in for more legal fees in a lawsuit against the former firm because you may need to hire an expert to demonstrate that in court. If not, malpractice may not be found. What adds difficulty to the matter is you may be over the 1 year statute of limitations for legal malpractice - you will want to consult with counsel over the phone to closely look at your file and see whether malpractice in fact occurred, and if there are exceptions to any statutes of limitations which apply to you that may have ran. You may have to pay hourly for such an in depth consultation.

I need a updated Residual functional capacity form filled out and my primary doctor refuses to do it.

I need a list of QME doctors who are willing to do a consult and evaluation for me so I have and update on record how do I accomplish this? I need this in order to continue receiving Medicare. How do I find doctors who are advocates or understand how to evaluate and fill out up a RFC form?

help!

Nathan’s Answer

If you see a doctor for the purpose of getting an evaluation to help you with your disability case, Social Security will give that opinion much less weight then the report of a treating physician who has a history with the patient. Is there any reason the treating/primary does not want to fill out your RFC form? You may want to consult with an attorney in a private consultation.

Is a parent liable for medical expenses of an adult child whom still lives with them but is significantly past the age of 18?

My wife has a brother whom in my opinion is legally crazy or at the very least a harm to himself and others. He has expressed his desire to " murder " me. If I broke a couple of bones so he'll learn not to mess around with me would his mother be responsible for his medical bills

The brother is 24 but lives with his mother.

Nathan’s Answer

You would likely be held criminally and civilly liable, meaning that you would be responsible for the damages you incurred upon another. If one has expressed their unconditional desire to murder you and has taken any step toward that action, you should call the police as the state generally has a monopoly on force and its exercise. Taking the law into your own hands may give you momentary relief but only means the law will also be applied against you for any unlawful acts you take after assessing whether your actions were truly in self-defense.

Could I legally send medical marijuana through the mail to patients

If I have an active medical marijuana card can I send other patients with an active medical marijuana card marijuana through mail?

Nathan’s Answer

While you would be keeping the USPS in business, you'd also be placing yourself squarely in the jurisdiction of the FBI and DEA. It's probably not worth it.

Who should I consult about filing against a private training institution for not meeting basic state licensing requirements?

I am seeking conserve for my Father. My brother has contested it based upon her stealing his money and attempting to deflect. The PVP has completely sided with him and won't even speak with me. I feel he is bordering on Legal Malpractice. Whom do I report him to. I want a new PVP, one that will look at the facts and not fiction from my brother. He now wants to get an Elder TRO against me!!! I took ZERO. We are in court next week. What can I do? Address this to the judge? I've spoken with an atty but he is mild mannered and doesn't want to take on the PVP. HELP!!!

Nathan’s Answer

school charged 40k for a 16 mo LVN a program that was supposed to be accredited. My program ended up being 20 months, I had at least 12 different teachers, the school was put on probation by the California State Board of Vocational Nursing for not meeting basic educational requirements and attendance logs and grade books were lost and then basically falsified to meet requirements in paper. Many students in the graduating class before mine have tried and failed the licensing exam multiple times. I was the top student in my class and I KNOW I do not have the knowledge I need to pass this test. To make it worse the school financially compensated a select few students for the "inconvenience" but on every occasion I requested minimal compensation I was refused.

In court hearing, if the lawyer speaks something not correct, how may client do?

Does client have right to speak up right there or have to get his attorney's attn then correct via him? Obviously we try our best to prep our atty as best as we can in advance. But sometimes due to case complexity or lack of time/dedication of atty, it is necessary to correct on the fly. BTW, if clients may speak after proper excusing, how many times are kind OK? Clients have the facts. Indirect relay by atty may not do justice.

Nathan’s Answer

Depending on the hearing, some attorneys allow client to speak briefly to correct any misconceptions or hazy areas the attorney may have. However, this is remarkably dangerous since anything not discussed prior to the representation can have client saying things that impinge upon their case. The "draw a box" method is sound as is requesting the attorney to ask for a moment to confer with client. There is a court reporter and a judge's patience may be wanting. You ideally want to prepare a game plan with your attorney prior into going into the courtroom.