Legal Question in Criminal Law in California

My sister-in-law is being terriorized by her former boyfriend. He has posted naked photos of her on Criag's list, under adult services, and listed her street address and phone number. He has also done this on MySpace. Men have been coming to her door at all hours of the day and night. She's contacted the police and they have told her there is nothing that they can do. She's contact Craigslist and MySpace but he just creates a new page. What are her legal rights?


Asked on 4/28/10, 8:50 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

She needs to get a restraining order againt him. The police will have grounds to arrest her ex if he violates such an order. Note that in order to get a restraining order she will have to prove that he is the one who did these things. If at all possible, she should get a lawyer. Even if she can't afford to bring a lawyer to court, consulting with one can help her present her case more effectively.

Read more
Answered on 5/03/10, 9:16 am
Philip Iadevaia Law Offices of Philip A. Iadevaia

She'll have to sue him for civil torts including intentional infliction of emotional distress, misuse of likeness, and perhaps identity theft. There are a host of other remedies, and this is a fairly new area of law, so don't be surprised if you get a lot of conflicting advice. If he's threatened her safety, she can apply for a restraining order and have included in there all manner of preventions against internet postings with her likeness. If he hasn't threatened her safety, she still may be able to get an injunction against him to prevent the postings. Good luck......

Read more
Answered on 5/03/10, 9:17 am


Related Questions & Answers

More Criminal Law questions and answers in California