I lived with the person in the home for five years and we have a child together. Custody is up in the air. I did not give him or anyone else permission to remove, read, document, reproduce and redistribute my personal information, which included two diaries and my Social Security Disability Claim file. He gave copies to his mother and attorney. He says he is protected by the FOIA and claims they were Public Domain. He is using this information against me in a court of law. My atorney is worthless! I have rights to my privacy but I'm not getting definative answers. Help!
2006-08-01 20:54:44 · 12 answers · asked by Ashley B 1 in Politics & Government ➔ Law & Ethics
Get a new attorney and file a lawsuit.
2006-08-01 20:58:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Did you keep this documentation and diary in a secured ( locked ) area of the home you shared to which he had no access. Did you ever let him read the file or diary, even once? Did you ever specifically tell him he could not access the information?
Your answers to those questions make a big difference. I assume that your ex is citing the fact that you shared a home as the Public Domain. Simply put, he is most likely stating that because you shared a home and, presumably, did not actively secure the documents and diaries, he had free access to them.
If you granted him the ability to view them, even once, you granted him access to them.
Speak to a new attorney but as I read this, he did not violate any law by coping those documents. If he gained access to them by theft or breaking and entering, that might change things but you would have to prove it.
At any rate, when you get to the hearing you can request that the documents be supressed and state why you feel they shouldn't be admissable. He will also have to opportunity to explain why they should. At that point, it will be up to the judge to decide.
2006-08-01 23:50:06 · answer #2 · answered by sarhibar 3 · 0⤊ 0⤋
I think that he can. Seeming how he took them from the place that you both are sharing a home in, he could do it. reproducing them for a court battle is any attorney's dream. What ever is in them that could be used against you for the custody of those children most likely will be done so, and will be done so with your own pen.
There is a saying if you don't want what you think, believe or say, read in court don't put it in writing, cause most likely it will be. Actually his attorney could of subpoenaed the documents, your would of by law had to present them to the court and they would have complete access to them.
Good luck.
2006-08-01 21:05:21 · answer #3 · answered by kickinupfunf 6 · 0⤊ 0⤋
It this person was your husband or common law husband.. you will have a hard time proving that he did not have exculsive access to all that stuff..
BTW, the documents are only covered by FOIA if they are documents that had to be requested from the government..It is not his freedom to take any information he wants..even FOIA documents have names, SS numbers or location information blocked out on copies given to you...
My suggestion, get an attorney..If he plans to submitt it as evidence, your lawyer can suggest he obtained this info in the wrong manner..even the lawyer knows he could not site FOIA getting info from your home..
Like I said, it is a grey area if he was married to you or common law..
2006-08-01 21:03:07 · answer #4 · answered by giveu2tictacs 5 · 0⤊ 0⤋
My advice is to speak to a lawyer and the best, most inexpensive way to do this is through Pre-Paid Legal Services. For more information visit the website below, and feel free to contact me through that site if you have further questions on how this service may be able to help you. I encourage you to find out what your rights and options are in this situation.
I wish you the best of luck.
http://www.getprotectedhere.com
2006-08-02 10:45:35 · answer #5 · answered by Anonymous · 0⤊ 0⤋
no what he did was not legal. if the items in question were taken out of your home, then he could be accused of: breaking and entering, theft, identity theft, and some other things. at the very least, you can inform the judge and request that the information be thrown out because your rights were violated to get it.
you need to get a new lawyer. there are so many in the world, there's really no reason to have a useless one.
2006-08-01 21:00:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The FOIA has nothing whatsoever to do with your personal information.
2006-08-01 20:58:53 · answer #7 · answered by michinoku2001 7 · 0⤊ 0⤋
He thinks your personal information is public domain?
Dosn't sound quite legal to me, but I'm not very legal savvy.
2006-08-01 20:58:47 · answer #8 · answered by Iambe 2 · 0⤊ 0⤋
Hide yourself. Create a new identity. Claim the original Social Security is not yours. You are innocent and you know nothing about this person.
2006-08-01 21:04:34 · answer #9 · answered by Anonymous · 0⤊ 1⤋
get a new lawyer that will fight for your rights. your private information is not Public Domain. I don't think that what he did was not legal.
2006-08-01 21:01:26 · answer #10 · answered by bumblebee 5 · 0⤊ 0⤋