Mental Health records and Court

[Doughboy]

Actually and Ex significant other.

See my post history if you want the current details of this whole long situation.  Readers Digest is that I was Served with a Protection Order on 7/1.  I am of course challenging it and there are so many falsehoods, lies, misrepresentations that it should get thrown easily.  BUT...

In December she Self admitted to a Mental health floor of a Hospital and was there for 4 days, after a Suicide Idealization and extreme emotional regulation event. What I know for fact is that the Dr. gave her "I hate you, Don't leave me" while there and told me to get her a copy for home.  weeks after getting out she started a Partial Hospitalization program of DBT...6.5 hrs a day, M-F for 5 weeks that went to 1-2hr group a week along with 1 hr with standard Counselor.  She mentioned in late January that she saw the BPD in her life.

She ended things in 2/22/2019 and one of the things she mentioned is that she did NOT have BPD and that I convinced the Dr of that. (Apparently in the 10 min she and talked to him together).

Anywho...I have no idea if she was ever "Officially" diagnosed.  I feel that if she was it could be a nice cap to ensuring that I get this PO removed. 

Does anyone know if such a thing can be requested by the "Defense" is a matter such as this?  Also, what is the process if it is possible?

[MeandThee29]

I think the reason that you likely didn't get any replies is that it really varies.

Getting someone's mental health records is a bit complicated because of doctor-patient confidentiality issues.

Your lawyer will know if that's worth pursuing or not.

[livednlearned]

The other thing, too, is that courts tend to avoid stigmatizing mental health if it can be helped. When mental health records are used, from what I understand, there is usually expert witness testimony to explain why this particular diagnosis can create problems like the one you're there to resolve.

What are the terms of the PO?

[Doughboy]

I am not allowed to communicate with her and any fashion or her daughters, who are 17 and 19. They're also for addresses I'm I'm not allowed to go to.

The section of time she used in her protection order coincides directly with time she would have been in the hospital for 4 days and then the 5 weeks after that she was doing partial hospitalization DBT.

It was three weeks after that DBT. That she ended things

[ForeverDad]

One daughter is an adult, the other nearly so.  She can make demands on contact with her, perhaps her younger daughter too, but I doubt the court would allow a restriction in her petition between her adult daughter and you.  Her adult daughter would have to file for herself.

A valid question is what you are required to do should her daughters contact you.  If they choose to initiate contact with you, do you have to hang up or walk away?

Even if you don't know of a diagnosis, can you document her time while in the hospital or outpatient programs?  Just being in treatment ought to raise eyebrows even if all is not known.

My ex did that, made allegations.  My lawyer reasoned with me, "Do you want to talk to her?"  Of course I replied No.  After he explained that I risked an order up to 5 years, he suggested a settlement... (1) My preschooler's contact and visitation would be handled by the family court, not the civil court she had filed in, (2) I denied or did not admit to any of her allegations (3) no Findings were made by the court, (4) the order ended in mid-December, (5) the stay away order was filed as a type that could not be extended longer than the agreed length.  (Extending an existing protection order would otherwise be easier than filing a new allegation.)