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restraining orders

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sandrawg

Member
What is the name of your state (only U.S. law)? California

What is the law regarding restraining orders for text messages or emails?

I found out some information about my exboyfriend that made me upset. He had basically lied to me. I sent him some angry texts. He accused me of "harrassment" and said he'd file a restraining order, so I stopped.

Then he goes and sends me an email using a different email address than his (I had his email address blocked.) It was some wikipedia article or something - I think he was trying to explain his behavior or something. It's like for some reason, he wanted to communicate with me again, who knows why. Maybe he felt guilty.

So then that led to some email exchanges between us.

Now, can I say, one of the things about my ex is..he has a drinking problem. When we were together, he got drunk and put his gun in his mouth while he was on the phone with me. I think he is in self-destruct mode since our breakup. He's seeing this girl he lied to me about.

I made the mistake of sending his parent an email asking about his drinking, and also sending a couple of emails to this girl he's now seeing (she and I have had email correspondence before, and we used to be myspace friends.) My ex had basically, at one point, lied to both of us about some things, and we found out by corresponding with each other. So it wasn't unusual for me to write her to talk about him.

Anyway, today my ex and I had text messages back and forth-he replied to them, and we discussed the way he had treated me. It was relatively civil.

However, later I realized something he said was wrong. I know, I'm stupid, I wanted to correct him. So I texted him later in the evening. He replied, but then when I said something he didn't like, he got mad and said if I kept it up, he'd file a restraining order against me (2nd time he threatened it.)

I stopped after that but now I'm wondering if he has just cause to file a restraining order.

My text messages were neither threatening nor obscene. And he responded to them up until I said something he did not like.

The email I sent to his parents, was one of concern for his welfare. And the emails I sent to the girl he's seeing..ok, they were out of line, but nothing threatening or obscene there either.

Plus, I would think that the fact that he emailed me, unsolicited, after the FIRST time he told me I was "harrassing" him, kind of proves the contact wasn't unwanted.

I'm definitely NOT contacting him anymore from now on. I just want to know if he has a case for up to this point. Thanks.
 


Bruno

Member
Based on your very informational description of the case, your friend has no case of significance up to the current time.
 

CdwJava

Senior Member
What is the law regarding restraining orders for text messages or emails?
If the order prohibits any communications, then they could be a violation of the order.

An action must violate a term of the order in order to be prosecutable.

I stopped after that but now I'm wondering if he has just cause to file a restraining order.
It takes very little to ask for a restraining order ... a little more to receive a temporary order ... and more to obtain the order after hearing.

Best bet is to just stop all the communication with him now. Understand that unwanted electronic communications of ANY KIND (email, tex, phone ...) can be criminal even without a restraining order. Unwanted (and usually repeated) electronic communication is all that need be present for a crime to minimally be articulated.

I'm definitely NOT contacting him anymore from now on. I just want to know if he has a case for up to this point. Thanks.
Not likely a compelling one, but he might be able to convince a judge sufficiently to get a temporary order and a hearing.
 

sandrawg

Member
It was my understanding of California law that the communication has to be threatening to be criminal. And, of course, I'm not contacting him ever again.


Best bet is to just stop all the communication with him now. Understand that unwanted electronic communications of ANY KIND (email, tex, phone ...) can be criminal even without a restraining order. Unwanted (and usually repeated) electronic communication is all that need be present for a crime to minimally be articulated.


Not likely a compelling one, but he might be able to convince a judge sufficiently to get a temporary order and a hearing.
 

mistoffolees

Senior Member
It was my understanding of California law that the communication has to be threatening to be criminal. And, of course, I'm not contacting him ever again.
Then, as you were told, there's probably nothing to worry about.

EVEN IF he does try to get in front of the court, you would simply explain that you were communicating because you were part of an on-going relationship. Later, he contacted you and you followed up.

But when he made it clear that contact from you was unwelcome that you stopped.

That would put a stop to it - and he'd be crazy to pursue it, so I wouldn't worry about it.
 

CdwJava

Senior Member
It was my understanding of California law that the communication has to be threatening to be criminal. And, of course, I'm not contacting him ever again.
Nope. Only that the communications be intended to "annoy or harass." Threatening qualifies as well, but it is not the sole determinant.

Check PC 653m:

http://leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=639-653.2

But, to obtain a restraining order he does NOT need an allegation of a crime ... though it would help.
 

sandrawg

Member
Well that seems rather vague, doesn't it? What one person considers annoying and what another considers annoying are 2 different things.

He was participating in the conversation with me until I pointed out something he didn't like. So is it harrassment if the other person replies back to you, or is it considered a 2-way conversation that just got difficult??

Nope. Only that the communications be intended to "annoy or harass." Threatening qualifies as well, but it is not the sole determinant.

Check PC 653m:

http://leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=639-653.2

But, to obtain a restraining order he does NOT need an allegation of a crime ... though it would help.
 

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