Can I contact the police and file a report for harassment when no physical threat has been made under CA criminal code

Asked over 5 years ago - California

I am in litigation/mediation with an individual, he is represented by counsel and I as well. the problem is this: initially before we retained counsel the other individual would send threatening emails to my wife, not me. stating he was going to sue us if we didn't respond to him in certain time frame. His barrage of emails were daily for a few weeks. My wife response was to acknowledge his emails and let him know we would get back with him. He would not wait and hit her with more threatening emails of taking to court and citing wrong (as we later found out) law. eventually he retained an attorney and so did as well. while working with his attorney he sent out privileged communication that was directed to my attorney from his attorney to my business clients. Some of my business clients then relayed to me they would not continue to do business with me until the matter was settled. so I have been damaged because of lost or potential lost business. now today he sends another rather threatening email to my wife (bcc) addressed to my attorney and his attorney. Again threatening to sue if we now don't respond to him even though as far as we know he still has an attorney and we as well. My attorney is a nice guy but at this juncture I am tired of this guy constantly ignoring his attorney, and badgering my wife with these threatening intimidating emails. My question is twofold: should I file a police report for harassment on this guy, although he has to date not threatened physical harm. but has caused mental harm and we do not feel he is mentally stable person, of which my attorney agrees. the second, what should I instruct my "pussy cat, meek" attorney to do to stop this person?
thank you for kind response.

Attorney answers (1)

  1. Marshall William Waller

    Pro

    Contributor Level 15

    Answered . You can indeed file a harassment report if you like. A more productive method might be to go into the family court and seek a restraining order from them. As for your attorney, it sounds like it's time to get a new one. These issues are relatively easy to address with the family court, and if your current attorney is failing to do so it seems a change is in order. Your ex is costing you business at this point in time, so I would move quickly were I you. Good luck with this.

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