Sharing of SEALED GAL Report

[Citizen360]

What is the name of your state (only U.S. law)? Washington

I need advice and opinions.
As briefly as possible.... (deep breath)
The GAL report was recently completed in my dissolution case. It is basically more about the wife lying about me and my personal life than it is about the 'best interest' of my son....

Fast forward to two weeks ago.
I go to pick up my son at the exchange point, (in the neighboring county from where the dissolution case is active) I am wearing a GoPro on my head to protect myself from false allegations that happen far too often.

I catch her boyfriend aggressively yelling at me, gesturing, being loud and threatening. Generally acting in an intentionally intimidating manner and harassing me. This is on video.

Two days later, I get an anti-harassment order against him based on the evidence, the video.

I received his response today.

It is almost 100 pages of irrelevant drivel. Including many declarations of what a great guy he is, etc...

The last Exhibit he included in his response to the Anti-Harassment Order is....

(drumroll please...)

The entire SEALED REPORT from the Guardian ad Litem.

He is trying use the lies in the report as some kind of evidence against me. Besides being full of unverifiable hearsay and opinions that are entirely irrelevant to anything , I have 2 major issues here.

1. This is a SEALED court document in my dissolution case. The only parties in the case are myself and my wife. This obviously means that she shared private, confidential information from a Court SEALED document with a non-involved party.

Not surprising, to be sure, but until now it has been unprovable. This breach proves it.

How do I pursue this in court? What is the penalty for making public a sealed document? Is this a tortious act? etc...

2. The fact that this person shared the ENTIRE Private, Confidential, SEALED report in MY dissolution as some kind of defensive Exhibit in the Anti-Harassment Order against him.

How do I pursue *this* in court. This has to be illegal in some way.

I need RCW's, WAC, Case Law or whatever else I can use...

The depths that some people go to... mind boggling!


Thanks in advance!

 

[Citizen360]

I am no lawyer, but what I think I have in play so far is:

Invasion of Privacy
Intrusion on/of Privacy
Defamation of Character
Public Disclosure of Private Facts
False Light
Libel

I know some of these are much easier to prove than others...

Specifically, is there anything regarding the intentional (unlawful) sharing of the SEALED GAL report and anything regarding submitting that same SEALED document as an Exhibit in a response to an Anti-Harassment order in another county?

There has to be more actionable torts if not a criminal violation or two.

Any and all help welcomed!

Thanks!

 

[LdiJ]

This is something where you really need the assistance of a local attorney, who can review all of the documentation, in order to figure out what can or can not be done.

 

[quincy]

What is the name of your state (only U.S. law)? Washington

I need advice and opinions.
As briefly as possible.... (deep breath)
The GAL report was recently completed in my dissolution case. It is basically more about the wife lying about me and my personal life than it is about the 'best interest' of my son....

Fast forward to two weeks ago.
I go to pick up my son at the exchange point, (in the neighboring county from where the dissolution case is active) I am wearing a GoPro on my head to protect myself from false allegations that happen far too often.

I catch her boyfriend aggressively yelling at me, gesturing, being loud and threatening. Generally acting in an intentionally intimidating manner and harassing me. This is on video.

Two days later, I get an anti-harassment order against him based on the evidence, the video.

I received his response today.

It is almost 100 pages of irrelevant drivel. Including many declarations of what a great guy he is, etc...

The last Exhibit he included in his response to the Anti-Harassment Order is....

(drumroll please...)

The entire SEALED REPORT from the Guardian ad Litem.

He is trying use the lies in the report as some kind of evidence against me. Besides being full of unverifiable hearsay and opinions that are entirely irrelevant to anything , I have 2 major issues here.

1. This is a SEALED court document in my dissolution case. The only parties in the case are myself and my wife. This obviously means that she shared private, confidential information from a Court SEALED document with a non-involved party.

Not surprising, to be sure, but until now it has been unprovable. This breach proves it.

How do I pursue this in court? What is the penalty for making public a sealed document? Is this a tortious act? etc...

2. The fact that this person shared the ENTIRE Private, Confidential, SEALED report in MY dissolution as some kind of defensive Exhibit in the Anti-Harassment Order against him.

How do I pursue *this* in court. This has to be illegal in some way.

I need RCW's, WAC, Case Law or whatever else I can use...

The depths that some people go to... mind boggling!


Thanks in advance!

First I am going to try to help with your understanding of the laws that you think might be involved in your situation.

Invasion of privacy in most states includes four separate torts, although not all of them fall under the privacy laws of every state. The four privacy torts are intrusion into one's seclusion/physical solitude (which can be found as part of the trespass laws in some states), publication of private matters violating ordinary decencies (the publication of which must be made to a "large" audience), appropriation of some element of an individual's personality, often the name or likeness of a person, for commercial use (under Civil Rights laws in some states and right of publicity laws in other states), and putting an individual in a false position in the public eye (aka "false light," which can be part of defamation laws in some states).

Privacy is, essentially, the right of an individual to be left alone.

Defamation includes both libel (the written form) or slander (the oral or spoken form). Defamation is communication made to a third party which exposes an individual or individuals to hatred, ridicule or contempt, or lowers an individual or individuals in the esteem of others, or causes them to be shunned, or injures them in their business or calling.

Defamation is, essentially, an injury to one's reputation through the telling of damaging falsehoods.

Your wife (ex-wife?) has legal possession of the document that was ordered sealed. She, therefore, can do with the document what she wants, including sharing it with others - UNLESS there was a court order barring disclosure by the parties to the action. The disclosure of the contents of the document to the boyfriend was probably not the smartest thing for your wife to do but it also probably violated no law. What the sealing of the document did was to prevent the public from having access to it. Most court documents are public records.

Although what is presented in court, and in documents related to a court proceeding, are absolutely privileged, it is possible that you could have a privacy action and/or a defamation claim to consider if what has been communicated about you by the boyfriend has been communicated to others OUTSIDE of court documents and court proceedings (e.g., to neighbors, friends).

I will take a better look at Washington laws to see what I can find that you might find helpful.

I am not sure I am clear on the outcome of the anti-harassment action. Was the court order against the boyfriend a temporary order (an ex parte order based on your evidence alone), with a hearing scheduled with both parties to determine if the order should be made permanent?

Do you have an attorney working for you on the dissolution of your marriage and your child custody case?

 

[Citizen360]

Your wife (ex-wife?) has legal possession of the document that was ordered sealed. She, therefore, can do with the document what she wants, including sharing it with others - UNLESS there was a court order barring disclosure by the parties to the action. The disclosure of the contents of the document to the boyfriend was probably not the smartest thing for your wife to do but it also probably violated no law. What the sealing of the document did was to prevent the public from having access to it. Most court documents are public records.

Isn't her boyfriend (as a non-party to the dissolution) considered as 'the public'? He would not otherwise have access to the report.

I am not sure I am clear on the outcome of the anti-harassment action. Was the court order against the boyfriend a temporary order (an ex parte order based on your evidence alone), with a hearing scheduled with both parties to determine if the order should be made permanent?

Ex parte. I filed the request, it was granted. Two weeks until both parties stand in court. He responded, voluminously, within the two week window. Outcome to be determined this coming Wednesday. I would think the response likely exceeded the standard limit but I haven't looked it up. In the county where my dissolution is sourced, the LCR's dictate a 20/20/5 page limit for Motion/Response/Strict Reply.

Do you have an attorney working for you on the dissolution of your marriage and your child custody case?

No, Representing myself over the last 26 months, running an average of 1.2 court dates per month.
Yes, I would prefer an attorney but lacking $$$.

 

[quincy]

Isn't her boyfriend (as a non-party to the dissolution) considered as 'the public'? He would not otherwise have access to the report.

Yes, the boyfriend is considered part of the public. As such, he would be unable to access any sealed documents through the court, even with a freedom of information request. The documents are sealed to all public access, absent a court order ordering the unsealing. A court can unseal records, for example, if the documents are necessary for a later court action.

A sealing does not (generally) prevent a party to a case from handing over to others the court documents in their possession or from speaking to others about the contents of a sealed document. If the sealed documents are handed over to others or the contents of the documents are disclosed to others, it sort of defeats the purpose of the sealing, though - which is to keep confidential information confidential.

Ex parte. I filed the request, it was granted. Two weeks until both parties stand in court. He responded, voluminously, within the two week window. Outcome to be determined this coming Wednesday. I would think the response likely exceeded the standard limit but I haven't looked it up. In the county where my dissolution is sourced, the LCR's dictate a 20/20/5 page limit for Motion/Response/Strict Reply.

I predict that the court will not be pleased with the boyfriend's voluminous response to the anti-harassment order - or, quite frankly, the court is unlikely to be pleased with the boyfriend's involvement in your and your wife's dissolution of marriage.

No, Representing myself over the last 26 months, running an average of 1.2 court dates per month.
Yes, I would prefer an attorney but lacking $$$.

It is tough trying to represent yourself but I understand that it is not easy to gather together enough funds for an attorney. It is a problem that is shared by many.

I will try to locate Washington-specific information for you when I have the opportunity.

 

[Citizen360]

I will try to locate Washington-specific information for you when I have the opportunity.

Thank you.

 

[quincy]

I will go over briefly what legal actions against the boyfriend you could potentially have and what does not seem possible given the facts as you have presented them here - but my feeling is that your anti-harassment order/restraining order could be the best you can hope for. I think, based on what you have written in your posts, that at the hearing on Wednesday the judge will make the temporary order a permanent one.

There is no reason that I can see for the boyfriend to insert himself between you and your wife at any time. He is not a party to the case and needs to take several steps back or your wife may regret the boyfriend's interference when it comes to child custody matters.

Invasion of Privacy (with links to information provided by the Digital Media Law Project, for their ease of reading):

* Intrusion into seclusion - Nothing you have said indicates that this is a possible cause of action for you to consider, as it appears your wife supplied the boyfriend with the GAL report http://www.dmlp.org/legal-guide/elements-intrusion-claim

* False light - With false light claims, the specific facts of disclosure will matter. If the boyfriend only included the GAL report in his court filing, a false light claim cannot be supported. The GAL report, as a note, is an OPINION based on an investigation but is not considered true or false. If, however, the boyfriend has used the GAL report to support false claims about you, a false light action/defamation suit becomes a more realistic option. http://www.dmlp.org/legal-guide/false-light and http://www.dmlp.org/legal-guide/washington-false-light

* Public disclosure of private facts - The disclosure of private facts must be made to the public at large (an internet posting will meet this element). Again, if the GAL report and any lies told by the boyfriend are confined to court filings, a public disclosure of private facts action could not be supported. If the boyfriend goes online and posts private facts gleaned from the GAL report or from your wife, this type of action could be considered. http://www.dmlp.org/legal-guide/publication-private-facts-washington

* Appropriation of a name or likeness - This "right of publicity" law does not apply to your situation. http://www.dmlp.org/legal-guide/washington-right-publicity-law

Defamation of Character (libel and slander):

* A defamation suit can be considered if UNPRIVILEGED statements are told and the statements are false and believed by others, causing demonstrable reputational harm. What is said in court documents and in court proceedings are privileged (immune from suit). Here is a link to the elements that must be met for a defamation claim to be successful in Washington: http://www.dmlp.org/legal-guide/washington-defamation-law

The intentional sharing of the SEALED GAL report:

* GALs are not allowed to disclose information about a case or an investigation except in reports to the court. These reports, however, are made available to the parties in the case. See Rule 2 and Rule 2(p):
https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sub&set=GAL&ruleid=supgalr2

You are able to challenge what is contained in a GAL report - and you will be able to challenge any use of the GAL report when you appear in your hearing, should the boyfriend try to use any of the information against you. Here is a link to "When you Disagree with a Guardian Ad Litem Report," provided by WashingtonLawHelp.Org: http://www.washingtonlawhelp.org/resource/when-you-disagree-with-a-guardian-ad-litem-re?ref=Z5akq You can follow what is provided for your anti-harassment hearing.

You will want to appear at the hearing dressed nicely and not smelling of anything objectionable (e.g., smoke, heavy cologne). You should not respond to or react to anything said by the boyfriend during the hearing. Accept that the boyfriend will tell lies about you. Do not interrupt the boyfriend or argue with him or react to what he says. Refute the lies he tells with the truth, WHEN it is your time to speak. Speak directly to the judge. Be polite to everyone. The judge will be watching you and the boyfriend and your attitude will be assessed. It can make the difference between the court order being dismissed and the court order being made permanent.

Because I am in Michigan and I could have missed something in my brief research that could help you, the Washington Law Help Organization whose link I provided above is an organization you can contact. Your income might qualify you for free legal assistance. If not, the organization can point you in the direction of low-cost legal help in your area.

It is certainly best if you can attend the hearing with an attorney but, whether you are with an attorney or facing the judge alone on Wednesday, I wish you good luck.

 

[Citizen360]

You will want to appear at the hearing dressed nicely and not smelling of anything objectionable (e.g., smoke, heavy cologne). You should not respond to or react to anything said by the boyfriend during the hearing. Accept that the boyfriend will tell lies about you. Do not interrupt the boyfriend or argue with him or react to what he says. Refute the lies he tells with the truth, WHEN it is your time to speak. Speak directly to the judge. Be polite to everyone. The judge will be watching you and the boyfriend and your attitude will be assessed. It can make the difference between the court order being dismissed and the court order being made permanent.

In the beginning, I would have read your advice here and thought to myself, "Well, of course." but over the past 26 months with 30+ appearances in my dissolution, multiple days just watching others in court for reference, 7 hearings in the civil tort lawsuit and a handful of restraining order type appearances I stand utterly in awe of the majority of folk who walk into court.

I'm not a 'suit and tie' kind of guy but when it comes to court I held that as a default position. In my case, if I feel exceptionally casual, I *might* wear only a button-up with a tie, dress slacks and dress shoes. I haven't been that casual yet, but maybe.

What I have witnessed other folk wear to court to address important issues leaves me speechless at times. This is not the time to make a lackluster first impression. DO not come to court after changing the oil on your John Deere, do not come to court dressed for a nightclub, do not come to court in your favorite, tattered jack daniels t-shirt and shorts.

Some peoples children.

I wish you good luck.

Thanks again for your help and for taking some time out of your day to reply.

 

[quincy]

In the beginning, I would have read your advice here and thought to myself, "Well, of course." but over the past 26 months with 30+ appearances in my dissolution, multiple days just watching others in court for reference, 7 hearings in the civil tort lawsuit and a handful of restraining order type appearances I stand utterly in awe of the majority of folk who walk into court.

I'm not a 'suit and tie' kind of guy but when it comes to court I held that as a default position. In my case, if I feel exceptionally casual, I *might* wear only a button-up with a tie, dress slacks and dress shoes. I haven't been that casual yet, but maybe.

What I have witnessed other folk wear to court to address important issues leaves me speechless at times. This is not the time to make a lackluster first impression. DO not come to court after changing the oil on your John Deere, do not come to court dressed for a nightclub, do not come to court in your favorite, tattered jack daniels t-shirt and shorts.

Some peoples children.

Thanks again for your help and for taking some time out of your day to reply.

Yup. Some people's children.

It would be nice if you could come back and let us know how the hearing goes. I really cannot see the Judge deciding to dismiss the anti-harassment order. I can see the order becoming a permanent one and I can see the judge directing a few harsh words to the boyfriend. Even I am upset with how the boyfriend has acted ... and I don't even know the guy.

Thank you for the thanks, Citizen360. Again, good luck on Wednesday.

 

[Citizen360]

Update:

Before even getting started, the judge asked (him) why there was Court Sealed document in his exhibits and soon after stated that she will not accept it as any evidence and that it will be sealed in this case as well.


The Anti-Harassment order was denied.

The judge spent 20-25 minutes reading through his paperwork before we proceeded.

I spoke first, he second and my wife third.

I was allowed to present the video on my laptop.

In the end, the judge said that there was insufficient evidence to show a pattern of events and that she sees no reason that I should have experienced fear or apprehension as he did not strike me.

She narrowly focused on the questions of:
Did he strike you?
Did he threaten to strike you?
Did he threaten you with a gun?

She asked these several times to which I had to truthfully answer in the negative.

I have learned from a past mistake not to argue with a judge but the definition of harassment is not solely hinged on the 3 questions listed above.

I did have a reasonable apprehension and fear. His actions were meant to intimidate etc...

I am not happy with the decision.



I do feel, however, that if I were a 120 pound female presenting the exact same case and stating that I felt reasonable apprehension and fear, that the order would have been made permanent.



---


Feel free to join me on the Family Law forum where I will be posting multiple questions soon.


Thanks!

 

[quincy]

Update:

Before even getting started, the judge asked (him) why there was Court Sealed document in his exhibits and soon after stated that she will not accept it as any evidence and that it will be sealed in this case as well.


The Anti-Harassment order was denied.

The judge spent 20-25 minutes reading through his paperwork before we proceeded.

I spoke first, he second and my wife third.

I was allowed to present the video on my laptop.

In the end, the judge said that there was insufficient evidence to show a pattern of events and that she sees no reason that I should have experienced fear or apprehension as he did not strike me.

She narrowly focused on the questions of:
Did he strike you?
Did he threaten to strike you?
Did he threaten you with a gun?

She asked these several times to which I had to truthfully answer in the negative.

I have learned from a past mistake not to argue with a judge but the definition of harassment is not solely hinged on the 3 questions listed above.

I did have a reasonable apprehension and fear. His actions were meant to intimidate etc...

I am not happy with the decision.



I do feel, however, that if I were a 120 pound female presenting the exact same case and stating that I felt reasonable apprehension and fear, that the order would have been made permanent.



---


Feel free to join me on the Family Law forum where I will be posting multiple questions soon.


Thanks!

I am surprised by the Judge's decision (not for her not allowing into evidence the sealed records, however) but I can understand in a sense her reasoning.

Thanks for posting back with the results of the hearing, Citizen360.

Good luck as you move forward with the dissolution of your marriage.

 

[Citizen360]

This anti-harassment action was filed in District court, it occurred to me that I could appeal this in Superior court.

Thoughts?

 

[quincy]

This anti-harassment action was filed in District court, it occurred to me that I could appeal this in Superior court.

Thoughts?

I think you need to accept the court's decision. You may have another opportunity in the future to seriously consider an harassment/restraining order against the boyfriend, especially since he is already creating problems for you (and, although she may not realize it yet, for your wife).

For now, I think you are smart to head to the Family Law section of the forum, this if you cannot afford a Family Law attorney to personally help you handle the issues that will come up in your divorce (and having your own attorney is preferable). There appears to be no defamation claim available for you to pursue at this point in time.

In the family law section, look for posts by Ohiogal, a family law attorney/GAL practicing in Ohio - although all of the contributors in that section of the forum will offer you valuable information. What you learn from the forum members can help you avoid some of the problems that commonly arise, especially in contentious divorce and child custody actions.

Good luck.