Legal Question in Civil Litigation in California

posting nude photos of ex wife

wifes ex husband was recently caught posting nude photos taken of her while they were married, he refuses to return pictures and claims they are copy writed and he can do what ever he wants with them. he has recently claimed he would sell legal rights to said photos to us, sounds like black mail to me. wife has never consented to having these photos posted how can he be stopped


Asked on 7/08/09, 3:19 pm

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: posting nude photos of ex wife

Have an attorney write a letter explaining why it would be unlawful.

Best,

Daniel Bakondi, Esq.

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Answered on 7/08/09, 7:30 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: posting nude photos of ex wife

I agree that it sounds like blackmail. Unless the photos were taken in a public place or the wife assented to their publication, the husband has no right to do this.

I agree with Mr. Bakondi that the appropriate first step is to have a lawyer set him straight about the law. If that doesn't work, the next step is a restraining order. If the husband publishes the photos before an order is in place, the wife can sue him for invasion of privacy and intentional infliction of emotional distress. She may have other causes of action depending upon the nature of the photos and where/how they are published.

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Answered on 7/09/09, 11:26 pm


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