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About Kimberly
Expertise
Hi, I have suffered through years of depression and the many disorders that come with it. It is a very scary experience and hard at times to get through the day. But I have now gotten to the other side of the pain and found hope and courage and life. I want to be a person you can feel comfortable talking to, and in talking with me that you can feel at ease knowing that I have been there and I do understand. I want to be a friend and listen and I will do my very best to ease the feelings you feel and help you in your journey to a better happier life. You are not alone and I would love to be there to help you fight.

Experience
My greatest accomplishment is knowing that I have been there and today, I'm here to help others in their healing. The biggest accomplishment lies in those who write for help in so doing they are taking a huge step in their healing! I am currently a student in Psychology, and have been certified in Crisis prevention since 2001.
 
   

You are here:  Experts > Health/Fitness > Mental Health > Dealing with Depression > Americans with Disabilities Act and Courts - depression

Topic: Dealing with Depression



Expert: Kimberly
Date: 7/22/2008
Subject: Americans with Disabilities Act and Courts - depression

Question
I'll try to make this brief and to the point. I am a 58 year old male who has been diagnosed with GAD, ADHD, as well as moderate to severe depression. I went on temporary leave from work in June of 2005 and eventually settled on a retirement package from the company. My question is since I am on permanent disability I qualify as an individual provided protection under the Americans With Disabilities Act. However, there is little case law or points and authorities as it applies to Divorce Law and due process in California or any other state court for that matter. I have been harassed and abused by my ex-wife with restraining orders that were never proven and court filings that were full of lies all stated under penalty of perjury. But nothing is ever done. I was absolutely discriminated against and harassed during two depositions with no regard for my disability. In fact they had some of my confidential medical records and seemed to use it to break me down. I have been hospitalized for a nervous breakdown but continue to endure because my children absolutely refuse to live with their mother. They really don't want to even see her. I am so tired of the cynicism and injustice of it all where "anything goes" in divorce court with no accountability. I am now reduced to considering bankruptcy and have to defend myself in court again. When can I get help, I consider this is a civil rights violation of my rights of due process and protections under the Civil Rights Act of 1964. We we take away any protections away from those with disabilities who can't hear or see or need access for their wheelchairs so they can enjoy equal justice under the law? I have suffered panic attacks, and depression and more for over 3 years. I am now living on my SSI benefits alone and my children still want to live with me They are 16 and 14.
Will any pro bono attorney or law firm have the courage to take on this issue. If those with mental disabilities can live meaningful lives with the proper medication and therapy then why am I the victim of this nightmare called divorce and family law that has not once sought to protect me and has sent me to the edge - through a cynical attitude of "well that's just the way family law is".

Answer
Steve,

First let me validate your feelings.  I can’t imagine how you are feeling.

Have you contacted state representatives in California? I am asking because you quoted the Civil Rights Act, also Family Law.  Each state has their own statutes and limitations and therefore, your best bet is to contact someone locally in your state to have them help you understand your rights under these laws per your state.  They can further answer your question about Pro Bono lawyers and what your options are locally and within your state.

Here are some links that may help:
http://www.courtinfo.ca.gov/selfhelp/family/
http://ag.ca.gov/civilrights/lawleg.php

I wish you all the best,
Kim  

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