Legal Question in Civil Litigation in California
Grounds for invasion of privacy /restraining order
While my boyfriend was living with me he was arrested. During that time, when I was cleaning my living room, I found some papers that has some confidential information on them (like his SS#). I also found emails that showed he was cheating on me. He is now threatening to sue me for invasion of privacy. Is finding these papers in my living room while cleaning really invasion of privacy?
He is also threatening to get a restraining order on me because he claims I am stocking him. I haven�t seen him since we broke up except for once when I happened to run into him at the community college we go to. Is meeting someone on public property once grounds for a restraining order?
2 Answers from Attorneys
Re: Grounds for invasion of privacy /restraining order
Don't worry. He is making idle threats. Make sure that you don't go any where that he might be, and if you do, leave.
Finding the information while you are living with him is not an invasion of privacy.
Re: Grounds for invasion of privacy /restraining order
Ms. Healy is correct. An invasion of privacy requires that the person have a reasonable expectancy that the item will not be in public viewing; so the police can not come up to your house and peek in the windows to find signs of criminal activity unless they already had sufficient cause to arrest you for the same crime, but they can look through your garbage can once it is put outside the house.
If you had to hack the computer to get to his password and you opened all the sealed mail he had around, that would be an invasion, but what jury is going to award him anything when he was living off of you, cheating, and got jailed for committing some crime?
If you have not already done so, arrange for him to pick up his possessions at some neutral place so that you do not have to see him. Take photos of the items so that he can not claim they were damaged or that certain items were not there.