Legal Question in Civil Litigation in California

My husband was having an affair with a woman who is a financial planner with a large bank. She is also a relative on his side of the family, she lives in a different state. After it was revealed to me, I sent her 3 angry, non threatening emails, and called her several times. She didn't respond or answer her phone. She filed a police report in her city, against me for harrassment. The police phoned me at home in my state, and told me that as of their notice I must stop trying to contact the woman. I did. There is some complicated details, but at some point my mother sent a letter to the woman's employer, whom my parents have a very large account with, complaining of the womans unethical professional and personal conduct. She did the paperwork to open a credit card through the employer, for my husband, and they had it mailed to her home address to hide it from me.

The woman ended up being fired. Not for the credit card incident, but because after she was given a copy of the complaint letter- she used her work computer to illegally(?) access my parents account, which she had no business doing. Allegedly she did this just to be nosy and to see how much money they had in it. My parents were sent a letter confirming this from their bank, after they questioned their bank about the rumor I heard about it through my in-laws.

She very quickly got another job as a financial planner at a different large bank. I would like to send her new employer a letter informing them of her termination and the reason for it, because I hate her. First she snatched my husband of 23 years, then she went after my parents. Could I get in trouble for sending a letter to her new employer about the unauthorized accessing of my parents account?


Asked on 5/06/11, 11:26 am

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

Yes. You could be sued civilly and/or hit with a restraining order. I don't know how strong the case(s) against you would be, but defending yourself would likely be very expensive even if you win. Bear in mind that the other woman might bring these cases where she lives instead of near you; which would make it even harder to defend yourself.

And if the phone call you describe really was from a police officer (I'm skeptical), then you could also face criminal charges if you proceed with your plan. Here again you might be able to win in court, but who needs such aggravation?

Setting aside the legal issues for a moment, you need to find a better way to deal with your anger. Taking further revenge probably won't make you feel much better. Besides, the person who really wronged you was your husband. He's the one who had obligations to you, and he's the one who broke them. Directing your anger at the other woman is not going to address the problems between you and your husband. Give marriage counseling a try. It's more likely to help you, it won't get you into legal trouble, and it will probably be a lot less expensive than defending yourself in court.

Read more
Answered on 5/06/11, 11:38 am
George Shers Law Offices of Georges H. Shers

Sure you could. Your stated purpose is to get her fired. You are acting out of malice. You hatred may be entirely justified, but it still is malice and opens you up to a suit for the consequences of your actions. A jury might find in your favor, but in the meantime you have to bear the costs of hiring an attorney, etc.

Read more
Answered on 5/06/11, 11:55 am


Related Questions & Answers

More General Civil Litigation questions and answers in California