Legal Question in Personal Injury in California
Intentional Infliction via Email
The father of my child and I are at odds. I have legal sole custody and he pays child support and is in NC. I'm in CA. When we communicated, it was solely through email. He has changed his email since we've been at odds.
Recently I received 2 emails insinuating that I will be having an abortion or that I had one and attached was a color picture of a dead fetus. Also suggesting that i visit a site after abortion. The 2 emails i received both refer to abortion.
The first email was sent with a Yahoo address, which i reported to Yahoo. The second one had my actual email address. Making it look like i sent it to myself, and reported it to AOL. Yahoo or AOL has not contacted me, and not sure what action they will take.
I believe that the father of my child is behind this and would like to know if there is any legal action I can take regardless if it's him or not? I appreciate your response, and thank you.
2 Answers from Attorneys
Re: Intentional Infliction via Email
The person who is sending you the e-mails is intentionally trying to cause (or has caused) you emotional distress, most likely severe. You can file suit against whoever it is who's doing it and ask for money damages. You can also try to get a civil harassment or domestic violence restraining order against your child's father and perhaps ask the family court judge to modify visitation because perhaps he's threatening violence. You might also repost this question to family law attorneys. Good luck to you!
Re: Intentional Infliction via Email
You need to save the emails (including the message headers with the -real- originating IP address, not the forged "from" address). You need to contact your local police. Stalking is a crime.
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