A man I slept with once keeps sending me sexually explicit text messages even though I've expressed my disinterest and have asked him to stop contacting me. I no longer respond to his messages, but he doesn't stop. Can I file charges against him for sexual harassment?
It sounds like you might have a tough case. If his only behavior is sending you unwanted text messages, I believe the proper route would be to seek a restraining order.
Another alternative is to ask your cellular service to block his number or hire an attorney to draft a cease and desist letter that contains a warning that unless the unwanted messaging stops, you will seek a restraining order and file a civil complaint.
There are two types of harassment you are considering here. Civil and Criminal. Under California CCCP Sec. 527 ,a) (1) A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an injunction prohibiting harassment as provided in this section.
The law goes on to define "Harassment" in many ways including," a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose." Having expressed no desire to have any further contact with this man, you should be able to obtain a restraining order. You can apply for one at most local courthouses via the clerk's office or through a Victim Support Services program at the DA's office.
Once the order is issued, you must serve the restrained party with notice and a copy of the order. Fortunately, you do not have to do that yourself. Once he is served he can ask for a hearing to have the order lifted or he can merely accept it. Should he attempt to contact you in any way or manner after that, then he is subject to being charged with the violation of a court order.
You can certainly ask your phone company to block his number as well.
This does not create an attorney-client relationship. That costs money and this is free.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline