Legal Question in Civil Litigation in California

My ex-husband has been stalking me and sending unsolicited and harassing emails over a 16 year period of time. In several emails he admits to tracking me down by running my social security number after I changed my name in court and moved 800 miles away. I now live only an hour and a half from him. In more recent emails, he informs me he watches the internet for signs of where I am. His tone has escalated since I told him to stop. His last email is disturbing in light of the aggression he expresses in the email, the irrational content of the emails and his violence during our marriage. I have always been terrified of him. I finally went to the police and they are not taking my situation seriously. I had to refuse to leave before they were willing to file an "annoying email" report and they refused to look at any of the prior emails. Will I be able to get an emergency protection order even though my local police station are not taking this seriously?


Asked on 8/27/12, 1:22 am

2 Answers from Attorneys
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

It sounds like you need a serious restraining order. Harassing emails and especially telephone calls are illegal. Your ex is looking at some serious trouble. Many of of my friends are police officers and this is just ridiculous police work in my personal opinion. Go to my website, fill out the confidential form to send me an anonymous email. You don't even have to give your name; however, I would like to know more information and details about your case. I might be able to refer you to someone. This is no way to live. Threats escalate. This ex might need to be hauled into court for some one on one with a caring judge. A judge can put the fear of life in him, trust me. I am very sorry that some jerk is doing this to you. I too have been threatened by people I was suing and it can disrupt your life. I feel your pain. If worst comes to worst, you might even have to change emails and phone numbers (if that is possible in your line of work). I hate bullies.

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Answered on 8/27/12, 5:27 am
Edward Hoffman Law Offices of Edward A. Hoffman

Situations like this are why restraining orders were invented. A restraining order is a civil matter, not a criminal one, so the attitude of your local police won't matter at all when you try to get one.

You can seek a restraining order on your own, but you are much more likely to get one if you have a lawyer on your side. That's especially true if your ex hires a lawyer to defend him. Your papers will have already been prepared and filed by then and he will pounce on any defects, so you should have them drafted by a lawyer.

Feel free to contact me directly if you want to discuss your situation further.

Good luck.

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Answered on 8/27/12, 8:50 am


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