Legal Question in Civil Litigation in California

A minor dispute among friends

i have known my friend for 5 years and last month she rarely contacted me so I kept emailing because i was concerned. she email me finally and stated she needed to spend more time with family. i understand. so a couple of weeks went by and I emailed her again and she ignored me. two weeks ago I had called her to find out if she was ok and not upset with me. she explained that she was ok and not mad at me. last week i receive an email from her stating she no longer wants to be my friend do to the persistant emails and that her husband will file a restraining order if i contact her. i really want to be friends again and explain myself. is there anyway i can do that without having her husband place a restraining order on me? even litigation was mention by the husband. all i want to do is mail her a letter explaing my actions and become friends again.


Asked on 2/19/04, 5:11 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: A minor dispute among friends

You can't force someone to be your friend, and if she has told you clearly that she wants no further contact then you will have to accept her decision.

I agree that using the threat of legal action to make this point is rather extreme. She really should have found a more sensitive way to break the news to you, but the law does not require sensitivity.

I see no basis at the moment for a restraining order against you, since it sounds like you only recently learned that your emails were unwelcome. A restraining order is inappropriate until it becomes clear that the person does not welcome further contact.

Someone who hasn't told you you're no longer welcome to write cannot justifiably use a restraining order to make that point. Here, though, you have been told that she doesn't want to hear from you any more and you need to stop. If an actual threat of a restraining order isn't enough to persuade you that she doesn't want any more contact, then I don't know what it would take for you to get the point.

The facts you have described don't seem serious enough -- yet -- to support a restraining order, but if you continue to insist on contacting her she may try to get one just the same. Even if you defeat her petition, the process of fighting it will cost a lot of money and take a great deal of time. And it certainly won't make her any more interested in being your friend.

It is very difficult to be in the situation you are in, but whether to be your friend is her decision to make and she has made it. Even if you think the decision was unfair or that it resulted from a misunderstanding, it is her decision and not yours. You need to come to terms with it instead of provoking a legal battle.

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Answered on 2/19/04, 6:08 pm
Donald Holben Donald R. Holben & Associates, APC

Re: A minor dispute among friends

What part of NO don't you understand. Either abide by her wishes or spend money and your life dealing with the results that you will bring on yourself. Does not appear they are kidding.

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Answered on 2/19/04, 6:19 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: A minor dispute among friends

I have a feeling that you are obsessed with this married female "friend" who has made it clear to you that your correspondence is not welcome.

In addition to restraining order which they might get, there are criminal stalking laws in the books which you should be concerned about.

The life is too short to waste on people who do not wish to be your "friend." Please move on with your life and enjoy the company of your other friends. Good luck.

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Answered on 2/19/04, 10:06 pm
Robert Mccoy Law Office Of Robert McCoy

Re: A minor dispute among friends

Your story is disturbing to me. You should never want to be the friend of a woman. It is demeaning to a man to be a friend with a woman. You have done the best you can. Be the best person you can be, and that is all you can do. Do not be sorry. You have done nothing you should be ashamed of. You are what you are. This woman obviously does not respect you. You should avoid her as she is not worth having.

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Answered on 2/20/04, 12:45 am


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