Understanding Your Legal Rights: Protections Against Harassment for PTSD Survivors

As someone with PTSD, you are entitled to specific protections and rights under both state and federal laws against harassment and inappropriate treatment, particularly in situations involving legal counsel and healthcare providers like therapists.

Here’s an overview of your rights and potential actions:

1. Rights Against Harassment by Legal Counsel

Legal Protections:

• Americans with Disabilities Act (ADA): PTSD is recognized as a disability under the ADA. You are entitled to reasonable accommodations to ensure your condition is not worsened by harassment or undue stress caused by legal counsel.

• Professional Conduct Rules: Attorneys are bound by ethical rules that prohibit harassment, discrimination, or intimidation. This includes behaviors that exacerbate your PTSD.

• Inappropriate conduct by opposing counsel, such as filing frivolous motions or aggressive communication, can be reported to the local bar association.

• Anti-Harassment Laws: If the harassment by legal counsel rises to the level of stalking, threats, or harassment, you may have grounds for a restraining order or legal action.

Possible Actions:

• Document all instances of harassment (e.g., emails, messages, or court filings) and consult with your attorney to address these issues in court.

• File a complaint with your state’s bar association against the attorney for professional misconduct.

• Request accommodations in court under the ADA, such as reduced interaction with the opposing attorney or remote hearings if their behavior triggers your PTSD.

2. Rights Against Harassment or Withholding of Information by a Therapist

Legal and Ethical Standards:

• Client Rights: Your children’s therapist has a professional obligation to treat both parents fairly and maintain transparency about treatment plans, particularly when it involves custody or parenting concerns.

• HIPAA Violations: The Health Insurance Portability and Accountability Act (HIPAA) requires that therapists provide access to medical records and treatment notes unless specific legal restrictions apply.

• Ethical Conduct: Therapists must adhere to their licensing board’s code of ethics, which prohibits discriminatory behavior, withholding critical information, and engaging in actions that harm the well-being of clients or their families.

Possible Actions:

• File a Complaint: If the therapist’s actions violate professional standards (e.g., enabling parental alienation or withholding treatment details), you can:

• File a complaint with the therapist’s licensing board in your state.

• File a HIPAA complaint with the U.S. Department of Health and Human Services for denial of access to treatment information.

• Request Mediation or Subpoena Records: In a custody case, you can request a court order or mediation to gain access to the therapist’s records if they are withholding information critical to your case.

• Consult a New Therapist: Consider involving a neutral or court-appointed therapist to provide a second opinion on your children’s well-being and ensure fair treatment.

3. Protecting Your Mental Health

Accommodations in Legal Proceedings:

• Request breaks during court sessions if PTSD symptoms are triggered.

• Ensure your attorney addresses triggering behaviors by opposing counsel in court.

Mental Health Advocacy:

• Work with a licensed therapist familiar with PTSD and legal harassment to document how these actions are affecting your mental health.

• Use this documentation to support your case in court or complaints against professionals involved in your divorce.

4. Taking Action

• Document Everything: Maintain a detailed log of all interactions with legal counsel and the therapist, noting dates, times, and specifics of inappropriate behavior or withheld information.

• Seek Legal Support: Work with an attorney who specializes in family law and has experience advocating for clients with PTSD.

• File Formal Complaints: Use professional associations or government agencies to address violations:

  • Bar Association (for legal counsel harassment).

  • Licensing Board (for therapist misconduct).

  • ADA or Civil Rights Agencies (for PTSD-related discrimination).