Legal Question in Technology Law in California

Re: unauthorized nude photos emailed to family!

Outrageous conduct with severe emotional distress is actionable. You may sue in civil court and request an injunction or perhaps a TRO. Get represented for the custody battle. Contact me directly.

Re: unauthorized nude photos emailed to family!

Do you have counsel in the custody proceedings? If you don't, you should.

As for the photos, you may want to start by seeking a restraining order against your ex. Getting one should prevent him from doing this, and will make him look worse than would merely describing what he's done.

You can also sue him for damages, though whether he has enough money to justify doing so is an important consideration.

The TRO and lawsuit would probably be state court matters. By using the phone lines your ex may have violated some federal criminal law, but that would not affect the nature of your civil claims against him. Offhand I don't see a federal issue you can raise.

On the other hand, if your ex is also in a different state and you have more than $75,000 worth of injury (including emotional distress), you could sue him in a federal court under what is known as diversity jurisdiction. Even though such a case would be in federal court, it would likely still be decided according to the law of whatever state your ex is in.

Feel free to contact me directly if you want to discuss these options further.