My ex bf used my nude pictures to threaten me and insult me on email with bad words. Is this illegal and what should I do ?

Asked almost 2 years ago - Los Gatos, CA

He used my nude pictures to threaten me with public and also insult me with very bad words. He tell me if I want to live peacefully I have to talk to him nicely because I told him to stop disturb me.

Attorney answers (3)

  1. Tomas Michael Flores

    Contributor Level 9

    2

    Lawyers agree

    Answered . Wow. This person sounds awful. I'm very sorry that this has happened to you. Fortunately, we can do something to help put a stop to it. At the very least, you should get a restraining order against this person, and contact the police.

    California law protects people like you from being harassed. California Code of Civil Procedure §527.6 was enacted to provide an expedited procedure for preventing "harassment" as defined. Schild v Rubin (1991) 232 CA3d 755, 761, 283 CR 533; Diamond View Ltd. v Herz (1986) 180 CA3d 612, 616, 225 CR 651. The motivation for the statute was the experience of a young woman who was hounded by a male admirer who followed her, and incessantly telephoned her. Byers v Cathcart (1997) 57 CA4th 805, 811, 67 CR2d 398. The statute was designed to provide a quick and simple procedure by which this type of wholly unjustifiable conduct, having no proper purpose, could be enjoined. Smith v Silvey (1983) 149 CA3d 400, 405, 197 CR 15. The statute is limited to protecting only those who have suffered "substantial emotional distress" caused by conduct that "serves no legitimate purpose." CCP §527.6(b).

    An attorney can prepare the documents needed for a stay away order, and a no contact order. Also, the attorney will prosecute the restraining order in a court trial - you wouldn't even have you be there.

    An attorney can also help you communicate with the police. The police need to know certain facts in order to take action, and an attorney can help you separate the legally significant facts from the insignificant.

    -Tomas M. Flores, Esq.
    (760) 410-8356

    The above is not legal advice, and should not supplement actual legal advice from an attorney with whom you have... more
  2. David Andrew Mallen

    Contributor Level 14

    1

    Lawyer agrees

    1

    Answered . He does not have the right to post your pictures without your consent. The other lawyer gave you good advice.

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more
  3. Ross Carl Goodman

    Pro

    Contributor Level 14

    Answered . You should have a lawyer send a cease and desist letter immediately. Any potential settlement should require an agreement to turn over the pics, permit you to permanently delete images off of any electronic devices, a representation that he has not forwarded the image to a third party, and a liquidated damages clause in the event he release the image in the future.

    The information presented here is for informational purposes only and does not constitute legal advice. The... more

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