Legal Question in Civil Litigation in California

I recently sent an email to my husbands ex wife asking her to cease-and-desist all her internet postings about me and my child. I am not going to say I am a saint as I have engaged in the same behavior but not for sometime yet she continues. She emailed me back and I again sent her an email with the oppertunity to cease-and-desist and I also asked that she not contact me further. SURPRISE! She did. I want to know what my legal rights are against her and if it matters that she is 1. in another state and 2. If I sue her in civil court is a judge going throw it out due to the fact that I have engaged in the same behavior in the past? Personally I cant see a judge having to officiate a "internet war" but she obviously has no intention of stopping


Asked on 10/10/09, 3:55 am

1 Answer from Attorneys

Both of your conduct may constitute cyber stalking which is now a crime. Not all internet postings are stalking, however they could also be defamation. The best thing for you to do is just ignore her antics and stop sending her emails. If she continues the internet postings, you have to evaluate whether they are causing any real harm or if they are just pissing you off. If they are not causing any real harm, then just stop reading them and don't let her get a rise out of you. If they are causing real harm, log them, save them, etc. and take them to a lawyer.

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Answered on 10/10/09, 8:41 pm


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