Legal Question in Criminal Law in California

Re: Defamation, my legal options

This is a civil matter and not a criminal one, so the police will not get involved -- unless and until someone violates a restraining order. There is no such order against the girlfriend, so the police will have no reason to involve themselves in her affairs.

You and the estate can try to get another restraining order against her but, unless you can prove that she is involved and demonstrate what she will do to help your brother, courts will be reluctant to intervene. A restraining order has to be clear enough that the restrained person can tell whether something will violate the order, so vague commands to say nothing negative about you won't work. Then there is the matter of the girlfriend's First Amendment rights; courts don't like to issue orders which limit people's legitimate expression even if they do so only as a by-product of limiting other specific types of expression.

Your best bet is probably to reason with your brother. Explain that the court will decide when and how to distribute the estate to each beneficiary -- including you. Tell him that you will send him his share as soon as the court lets you, but that you can't do it until then no matter how much you want to or what threats he makes. Send him copies of the court filings and orders so he can see that you are telling the truth. This approach seems more sensible and more promising than relying on the courts or the police.

Good luck.

Re: Defamation, my legal options

Mr. Hoffman overlooked the crime of extortion. Your brother is attempting to extort money from you. Make a police report. Call me directly at 16192223504.