Legal Question in Criminal Law in California

Defamation and Stalking
This lady is stalking me. She went to my mothers house and found some (private) pictures of me and spread them all over my former place of employment. She has cussed out both of my parents, one of my lady friends, and follows me every chance she can. Calls and leaves violent threats to me and my friend. I told her I dont want to be with her even though we had a child together. The police and the DA will not do anything to stop this. It has already resulted in physical violence once and I don't want a repeat. What can I do to her outside of a restraining order?

Asked on 3/24/04, 12:28 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Re: Defamation and Stalking

A restraining order seems to be by far your best option. You sound reluctant to get one, perhaps because of the child you and she have together, but situations like yours are what restraining orders are for. The order can be tailored in a way that minimizes the impact on your child.

The caption of your question says "Defamation and Stalking." I agree that she is stalking you, but nothing in your question even hints at defamation. Her use of the photos could be actionable as an invasion of privacy, but that is a civil matter rather than a criminal one and taking her to court over that would likely be much more expensive than it would be worth.

Given that the police and prosecutor don't seem interested in going after her, a restraining order seems to be your best bet.

Answered on 3/24/04, 12:50 am

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