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How do I file a lawsuit and charges against a former boyfriend who took nude photos of me without my knowledge or consent?

El Sobrante, CA |

I found out a former boyfriend that I was currently still involved with at the time of this discovery has not only taken several nude photos of me without my consent or knowledge but is distributing them via text etc to friends, coworkers, and other people. We have since had a falling out and he's also threatened me, slandered me, and threatened revenge. He is very calculating and I know he is going to do something terrible. I also know other illegal activities he's involved in. I am violated by the distribution of my photos to complete strangers and the fact that someone I loved took photos of me naked sleeping and in the shower etc. when I had no idea. How do I go about filing a suit and or charges and what type of attorney would i need? I don't know what to do.

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Attorney answers 5

Posted

You'd need a civil litigation attorney. Unfortunately, the cat may be out of the bag. Since he has already sent the photos around, if/when they end up on the internet may just be a matter of time and out of his control. You can still seek damages but stopping the train might be too difficult at this point.

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

Posted

Sorry to hear about your situation. The nude photos intrude upon your right of privacy. Since he was your boyfriend, you will have to prove that they were taken without your consent. Also, I'm assuming you are over 18; if not, he will need a criminal defense attorney for sure. Also, if the distribution of these photos have caused you emotional distress, you certainly have a claim for Intentional Infliction of Emotional Distress. If he made money off the photos, there are other claims you can make.

As for the slander, you may have a defamation claim against him depending on what he said and if you have been damaged in some way based on his statements.

As for the threats, there are both criminal and civil claims you can bring for threats, including assault (if you feared imminent harm) and Intentional Infliction of Emotional Distress.

You will want to contact an attorney who practices defamation, right to privacy, and general tort law. Go to Handelonthelaw.com for a list of attorneys who practice in these areas.

Posted

Sorry to hear about your situation. Keep in mind that defamation attorneys do not work on a contingent fee, but charge an hourly fee in addition to an upfront retainer.

For a local defamation lawyer look right here at www.avvo.com

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

Posted

You'd want to retain a lawyer. To give you a war story, my client's exboyfriend sent nude pictures of her from his home computer to her coworkers, and I recovered 200k from his homeowners policy.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

If he has a good job and a house and a bank account he can be sued and you may recover for all the causes of action already mentioned. I am 12 mile away from you. Call me for a free consultation. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

Asker

Posted

I filed charges and the solano county police said there's nothing regarding my actual photos they can do but they are charging him with a misdeameanor in violation of the obscene phone call code. This does me no good. I can't believe it is considered legal to take pictures of me naked without my knowledge and distribute them and there's no criminal charge to protect me.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

You can file a lawsuit and shut down his website accounts or get a restarining order against him. You can also sue him for taking pictures w/o your consent.

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