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Can I file for harassment and/or defamation and be compensated for emotional distress?

San Diego, CA |

My ex-boyfriend has for almost a whole year been harassing me, stalking me, involving and bringing people I don't know to my residence, and asking my neighbors for me. Last week he served me papers for a restraining order against me that included him and his current girlfriend as the filers. Yesterday, we went to court and the judge dismissed the case on grounds that my ex filed under false pretenses and lied about everything and I had all the proof to show everything I mentioned above. I did tell the judge that this has caused me distress, I was in fear for both my daughter and my safety, and on top of this we attend the same school and I was served during finals week. I was a wreck to even ask but I wanted to know if I am able to file for harassment and ask for damages from both filers.

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Attorney answers 3


You can't sue for what was done in court or related to court proceedings but you can for harassment and stalking that happened outside of the restraining order.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456



Oh no I didn't mean about the court or anything with it. I was just adding background. So I can file for harassment and stalking and ask to be compensated for it?

Christine C McCall

Christine C McCall


Compensated for it? No. A restraining order will instruct the defendant to stay away from you; an order is enforceable by criminal penalties. Compensation requires a lawsuit for damages -- if you have any damages.


This might be a case of "abuse of process" contact a lawyer.


You can have a local lawyer investigate whether a harassment claim would be fruitful

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