Legal Question in Criminal Law in California

May this be considered Cyberstalking ?
1.Aside from the emotional aspect of this matter, I would like to know if in terms of California/federal law I do I have a legitimate interest to interact with my relatives by blood ?
2. The contacts I am trying to have with them may be considered as harassment/(cyber)stalking ?
One of my bio-parents left us many years ago then remarried, having two other children (my half siblings who are now mature) they live in California, but me I am not in US. After extensive research I manage to find them and we even met each other except with my bio-parent new spouse.
On special occasions (birthday, Christmas, New Year) I am sending them an e-mail/e-card or even I call them for greetings. At a certain point they start to fabric unreasonable reasons to disconnect me from them being told that I got �to close to their family�; since then, they do not reply to my e-mails/e-cards but some of them read the e-cards as I get the e-confirmation for that; The phone calls I am making are very cold on their side and even was told by the new spouse not to call anymore although I�ve never said/made anything bad against them, because that is my truly intention not to harm them. The new spouse even sent me a very unpleasant e-mail accusing me to be �dishonest, disrespectful and even threatening�. Except spouse, they are relatives by blood and I am looking for all the ways to re-conciliate with them, but the main reason look to be no-communication.
Again, my questions:
1.Aside from the emotional aspect of this matter, I would like to know if in terms of California/federal criminal/civil law I do I have a legitimate interest to interact with my relatives by blood ?
2. The contacts I am trying to have with them may be considered as harassment/(cyber)stalking ?
Thank you

Asked on 6/05/10, 11:46 am

2 Answers from Attorneys

Brian McGinity McGinity Law Office

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California Penal Code 646.9 addresses the issues you're asking about. Yes, your actions are in violation of the law. As to you having any "legitimate rights" to contact them, well, I don't deal with "legitimate rights." I deal with LEGAL RIGHTS and under the California law you do not have a legal right to force contact with anyone including blood relatives. In fact they have a legal right NOT to have contact with you or anyone else they do not want to have contact with. In regards to your second question, I think I have answered it. Yes, your actions would be considered stalking. I have absolutely no knowledge about the federal law and how it would apply under such circumstances.

Brian D. McGinity

The information exchanged between the parties has NOT created an attorney client relationship and there is NO attorney-client privilege associated with the exchange of information. Further the information provided is based upon the general principles of law and is NOT and should NOT be considered legal advice. It is impossible to give accurate & reliable legal information is an forum open to the public such as this. In order to get reliable legal advice you need to consult with an attorney in a private manner.

Answered on 6/05/10, 6:13 pm

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