Legal Question in Criminal Law in California
I have a crazy ex-boyfriend who possesses a video of me performing a sexual act on me. I wasnt aware of this being recorded at the time. He keeps threatening me to send this video to my parents, friends, my boss and work colleagues if I don't give him money, let him take my car etc. He has everyone's email from when he stole my phone and copied them all. I'm considering suicide if this leaks.
Can I prevent him from sending this video some how? I can't live knowing this anymore! It destroys me knowing any second he can send it. I'm close to a mental breakdown. If a get a restraining order (he has beaten me in the past too so I have sufficient reason for an order), can the sending of the video equal a violation of the order? Even if I may not be able to prove it was he who send it?
2 Answers from Attorneys
Situations like this are what restraining orders are designed for. Yes, if you get a restraining order that forbids him to distribute the video then distributing it will be a violation, but you will have to prove he's the one who did it. The proof will only have to be by a preponderance of the evidence rather than beyond a reasonable doubt.
You also have various civil causes of action you can sue him for. And he has probably committed some crimes along the way.
I urge you to seek a restraining order ASAP. Feel free to contact me directly if you want to discuss your options.
Good luck.
Mr. Hoffman is right but I would also advise you to get some mental health counselling to deal with the mental health issues.