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Can I get a restraining order for this?

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esamisa

Junior Member
I've already explained basic civil rights once this morning...do you not understand that you need proof for every accusation?

Frankly, you seem like you might *snap.* I get that you're stressed, but you are asking legal questions.
just as you have said, please do not diagnose me or tell me I am about to snap. I was bringing that up wondering if it could be used against him legally but if it cannot, then that is all I need to be told. He is the one who is saying he has BPD (I'm guessing he's self diagnosing himself) on his blogs and saying he might flip out or something in his emails, not me.
 
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Silverplum

Senior Member
just as you have said, please do not diagnose me or tell me I am about to snap. I was bringing that up wondering if it could be used against him legally but if it cannot, then that is all I need to be told. He is the one who is saying he has BPD (I'm guessing he's self diagnosing himself) on his blogs and saying he might flip out or something in his emails, not me.
See how that works? ;)
 

CdwJava

Senior Member
You are free to contact the police and see if his actions might constitute stalking. But, contacting others and posting to his own blogs about his issues even with you will be a hard sell for a stalking case, and almost certainly not something that could be subject to a restraining order in CA.

He has a legal right to contact anyone else who wishes to be contacted by him. You cannot get a TRO to prevent him from contacting other people, only you. If such a contact bothers you then I propose that you find some way to come to terms with that, perhaps by telling your friends or associates that you do not want to hear about him.

Sorry his actions are bothering you, but you should work on developing some coping mechanisms before you pop over the edge.
 

esamisa

Junior Member
You are free to contact the police and see if his actions might constitute stalking. But, contacting others and posting to his own blogs about his issues even with you will be a hard sell for a stalking case, and almost certainly not something that could be subject to a restraining order in CA.

He has a legal right to contact anyone else who wishes to be contacted by him. You cannot get a TRO to prevent him from contacting other people, only you. If such a contact bothers you then I propose that you find some way to come to terms with that, perhaps by telling your friends or associates that you do not want to hear about him.

Sorry his actions are bothering you, but you should work on developing some coping mechanisms before you pop over the edge.
that's exactly what I was asking. If he isn't violating anything then I gotta just put on my big girl pants and move on. I wasn't sure if I even had a case so that's all I'm asking. At least he's not showing up at my door steps yet (he used to show up at his last girlfriend's place so she apparently freaked out) and I guess I can move even if he does so.

The only reason I mentioned his blog is because he was writing some misogynistic things but whatever, maybe I'm overstepping anyways. I'll see what the court does and if they won't do anything I'll just have to deal with it.

And I have plenty of coping mechanism thank you very much. It's just after 2 years it gets pretty tiring and I think I did everything I could do on my end to cut ties. bleh.
 
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Silverplum

Senior Member
that's exactly what I was asking. If he isn't violating anything then I gotta just put on my big girl pants and move on. I wasn't sure if I even had a case so that's all I'm asking. At least he's not showing up at my door steps yet (he used to show up at his last girlfriend's place so she apparently freaked out) and I guess I can move even if he does so.

The only reason I mentioned his blog is because he was writing some misogynistic things but whatever, maybe I'm overstepping anyways. I'll see what the court does and if they won't do anything I'll just have to deal with it.

And I have plenty of coping mechanism thank you very much. It's just after 2 years it gets pretty tiring and I think I did everything I could do on my end to cut ties. bleh.
If you stop choosing to read his blog, you won't be upset by what he writes.
 

esamisa

Junior Member
If you stop choosing to read his blog, you won't be upset by what he writes.
The only reason I'm looking up anything by him is because I'm trying to get enough information to get a restraining order against him. I'll try to ignore him (since I'm becoming paranoid as ****) best as I can, but could you stop being snarky towards me? I'm not asking you for my behavioral guidance here, I just want to get a legal advice. If this isn't enough for a restraining order, I'll just have to deal with it.
 

Old lady123

Junior Member
Document document document!

I'm not an attorney but I have been through filing a Civil Harrassment case in a similar circumstance. In California we have laws against Cyber-stalking (Internet only), or you can file a Civil Harrasment suit (you should print out and document the emails, slander, etc. have family and friends forward them to you) after you have made it clear to him that you want it to stop and that you have not invited or encouraged the guy. At the same time you should also make it clear to him that you want him to stay away from you. Document, document document. Get a binder ready!
If he ever comes to see you, is trying to find you, shows up at your work, or sends you anything, call the police non emergency line and get a police report. Depending on your local department, they might whine, but you insist on getting it documented. If he surprises you by showing up somewhere to see you, call 911.
If you decide to file a civil harrassment suit, you can file for a restraining order and the judge can order him to stop mentioning your name or referring to you on the Internet along with the no-contact order.
Beyond the civil case, the DA can file criminal charges against him if it continues.

Make sure you have your ducks in a row. You'll have to show several times he's ignored your demand to stop (Remember do not encouraged him. Don't reply, don't name call, ignore but document) You do NOT have to take it.
 

CdwJava

Senior Member
In California we have laws against Cyber-stalking (Internet only),
Yes ... but, it is hard to say whether the elements of the related statutes have been met.

or you can file a Civil Harrasment suit (you should print out and document the emails, slander, etc. have family and friends forward them to you) after you have made it clear to him that you want it to stop and that you have not invited or encouraged the guy.
Well l... since it's a former dating relationship, it would be a DV TRO, not a CHO. No great difference in content, but, the application should be on a sliding scale or free, and enforcement would require an arrest if it were issued and there was probable cause to believe the suspect violated the order (though probable cause can be waffly when the contact is made electronically and the suspect denies it).

At the same time you should also make it clear to him that you want him to stay away from you. Document, document document. Get a binder ready!
If only more people would do this!

If he ever comes to see you, is trying to find you, shows up at your work, or sends you anything, call the police non emergency line and get a police report. Depending on your local department, they might whine, but you insist on getting it documented. If he surprises you by showing up somewhere to see you, call 911.
If he is not doing anything, the police may not respond. If she is alleging stalking, they probably will. However, the OP reports the contact is electronic at this point, so the level of reporting would likely be limited to misdemeanor harassment via electronic means (per PC 653m). And I don't know that 9-1-1 is the appropriate call to make if he just shows up somewhere ... but, if she feels afraid because of something he says or does, sure. Otherwise, no.

If you decide to file a civil harrassment suit, you can file for a restraining order and the judge can order him to stop mentioning your name or referring to you on the Internet along with the no-contact order.
Beyond the civil case, the DA can file criminal charges against him if it continues.

Make sure you have your ducks in a row. You'll have to show several times he's ignored your demand to stop (Remember do not encouraged him. Don't reply, don't name call, ignore but document) You do NOT have to take it.
A CHO/TRO is not going to state that the protected person cannot mention the name of the restrained party. It will give certain conditions like not contacting or harassing them, staying away from them, etc. Sometimes internet postings - such as to Facebook - can be considered indirect or third party contact in violation of a CHO/TRO/CPO. Sometimes. However, it has been my firsthand experience and my understanding from other jurisdictions that these indirect communications can be tough sells to a jury. Trying to convince a jury that a posting to FB or a message to someone else about the protected person without a request or expectation that the protected party be contacted can be a tough sell, indeed.

A CHO/TRO will prohibit contact. Whether the OP can get one after months of nothing and then one lengthy email is questionable. She would also have to show that the actions give good cause to fear for her safety as a result of his actions.

As I previously mentioned, unwanted harassment via email, text or phone can be a misdemeanor criminal offense per PC 653m. A report or two for that might lend credibility to an application for a DV TRO, but, it's still no guarantee that a TRO would be issued. And if the actions become frequent again, a case for stalking might be able to be made ... maybe.

I have yet to ever see a TRO or a CHO order a defendant not to even mention the protected party online. I also have my doubts that such a muzzling order would even pass Constitutional muster. I have seen similar restrictions in the context of broader conditions of parole or probation that restrict internet access and the like, but, as part of a TRO or CHO (which are civil documents, not criminal), never.
 

esamisa

Junior Member
Hi guys, I had some more to add on to this (wanted to see if this would be enough evidence...)

So he's still emailing me which I've learned to deal with, ignore it or whatever. The problem is I actually saw him at my new church (it's a smaller church with 20 people) he said it was coincidence that he showed up there but I'm really doubting that since it's such a tiny group. I also put something on fb as 'attending' publicly (I didn't even know that was going to show up on my profile without me being friends with him) and he said he'll be there too just to meet with me (and how he wants me back, blah blah).

I'm also not sure if it's him but my brake calipers fell out of my front wheels (january) and the mechanic told me someone had done this maliciously and on purpose. I don't know if it's him (or maybe it was an accident) but that freaked me out and I have moved to another address as well...

I already wrote him an email saying don't contact me in any shape or form anyway about 2 years ago (have that in my records). I've wrote back another email to him but I guess his email was full and it didn't go through.
 
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not2cleverRed

Obvious Observer
Oh, please don't feed the drama llama.

(1) Block emails. Block on FB. Every time he creates a new account and uses it to track you down, block it.

(2) When he entered the church... you could have chosen to leave. Immediately. If, at that point, he followed you, state (deep breath), "I want no contact with you. I will be filing a police report every time you try to contact me." And then walk off. And follow through. Do not say another word to him. And if he does anything to try to physically prevent you from following through, call 911.

(3) Since it's a small congregation, one would hope that people there actually know you. Make them aware, if for some reason you haven't in the past, that there is a problem. Less being more, limit it to just that you sought out this congregation because this person was at the previous congregation.

(4) If you really thought the car issues in January were linked to this guy, you would have mentioned it in your previous posts in February. "Trying to kill me" trumps "He might tell my daddy..." Assume you did not report it to the police at the time.

Seriously, document, document, document. But do not engage, do not explain. He's going to take any contact from you as encouragement - even if you tag every building within a 10 mile radius of his residence with "X get out of esamisa's like" in Korean.
 

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