Legal Question in Technology Law in California

Email Abuse

The father of my child and I are at odds. I have legal sole custody and he pays child support and is in NC. I�m in CA. When we communicated, it was solely through email. He has changed his email since we�ve been at odds.

I have been receiving emails insinuating that I will be having an abortion or that I had one and attached was a color picture of a dead fetus. I received 2 emails with 2 different email addresses. One had a Yahoo address, which I reported to Yahoo. The second one had my actual email address, which I reported to AOL. I advised AOL that I was prepared to take legal action. AOL is in the process of determining from where the email generated.

I believe that the father of my child is behind this and would like to know if there is any legal action I can take? Thank you.


Asked on 2/05/06, 6:33 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Email Abuse

I believe this could be considered a form of civil harassment and perhaps you could get a restraining order. Also, at some point this could ripen into a tort called "intentional infliction of mental (or emotional) distress."

Your question is arguably correctly placed under the heading "Computer and Technology Law," but as a practical matter you might get more responses (and better ones) if you re-ask it under a heading for family law, harassment, or perhaps torts. That way, it would be directed to, and read and answered by, lawyers who handle matters of this type routinely.

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Answered on 2/06/06, 11:14 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Email Abuse

Mr. Whipple's answer is entirely correct. I want to add one point to his excellent response.

If your ex (or anyone else, for that matter) is sending emails designed to appear as if they came from you he may be liable for a variety of reasons, but only if those emails go to a third party. There may be a basis to hold him liable for sending such an email to you but, given that you know you didn't send it yourself and given that your ex could have sent the same email anonymously (so that his identity would still have been concealed) there probably wouldn't be much of a penalty.

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Answered on 2/06/06, 5:50 pm


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