Legal Question in Criminal Law in California

Re: can I press charge?

You need to approach this from a couple of different directions. First, you need to protect yourself from anything physical she may attempt. After that you need to protect yourself from any false accusations she may bring against you. I suggest you call the Police and report the behavior. I also suggest you keep all the text messages and find out if your telephone carrier has a detailed billing service. If they do ask for the complete bill and it should show all your calls unless she hangs up before your vm answers. If she leaves any vm's keep those as well. If you can not get a detailed phone bill start keeping a log and write out each time she calls or texts you so that you have some kind of record.

When you call the Police and report it, they will make a police report make sure you get a copy of it, immediately after it is ready. Also call the district attorney's office of your county and let them know what is happening and that you have reported it to the police. If you do not report it to the police it will appear as though her behavior is only annoying you. Then I would suggest you try to get a restraining order against her. Taking these steps makes a record of her behavior in case she attempts to turn this around and accuse you of this type of behavior. Good Luck

Re: can I press charge?

If it is serious, you can file for a restraining order, and you could file criminal charges. Consult with a local attorney to determine what makes sense for you in your facts.

Re: can I press charge?

You can contact law enforcement and they could charge her with a misdemeanor called "rude or annoying phone calls" and possibly other charges depending on the exact language used be her. David Wallin at www.wallinlaw.com

Re: can I press charge?

I have a different concern than has been addressed so far. This woman is clearly not stable. Calling you excessively, moonsick in love with you will seem like a honeymoon compared to phase two, if she goes there.

What will you do if she finally accepts she will never have you and decides to play the "woman scorned"? This sounds like the type of woman who is capable of reporting YOU to police for having allegedly struck her, just to get even for rejecting her.

I suggest reporting her conduct to the police, whether they prosecute her or not. You need to go on record that SHE is pursuing YOU and that you want her to leave you alone. That will defuse any later scams or false reports she might decide on.

Getting a restraining order against her would be wise, if only as a self protective measure. How can she set you up for battering her, when she would have to commit a criminal act by even being near you? I don't know if you realize this, but it is well known by now how easy it is to get someone jailed with no evidence at all, by reporting false domestic violence. A simple accusation that you "pushed" her would land you in jail and give you an arrest record. You are wise to be concerned. Now act on it.

Whatever you do, DO NOT agree to meet her to "discuss" your "problem". That will put you at her mercy.

Good luck.

Re: can I press charge?

First of all, get a restraining order against her. Keep the text messages as proof to supply to the Judge.

There are charges, such as intentional infliction of emotional distress, but remember, filing a lawsuit will only keep her as a part of your life until the lawsuit is completed. It really might be in your best intersts to get the restraining order and just keep her away with that.

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