I met a women off a free dating site, and within two days I found out she was highly addicted to Oxycontin. She had me sit in parking lots while she went into stores to lie about needing rent for drug money. She was also using up to 5 men to send her money, basically being an escort, or telling them lies. I have no clue if she prostituted herself. Things went sour very fast, and I decided to get on facebook and message a ton of her friends and family, telling them about the situation, linking her profile, and telling them she needs help. I only sent one message but they were quite alot, pretty stupid...but, mow she wants to try to get harassment charges pressed against me. I will never contact her or anyone she knows again. Do I have a legal defense, or does she actually have a case?
She has a civil matter for false light, invasion of privation, inflection of emotional distress, etc. Because it was only done once it appears that there was no harassment unless the specific harassment was outrageous.
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A judge could find your actions to be either harassment if you were not dating, OR Domestic Violence if you were dating.
IF YOU WERE NOT DATING: California Civil Code 527.6 says “Harassment” is 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. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner. I think “messag[ing] a ton of her friends and family, telling them about the situation, linking her profile, and telling them she needs help” would qualify as harassment.
A judge would decide if, or if not, messaging a ton of her friends etc. is a series of acts over a short period of time. Because, Civil Code 527.6 defines a “Course of conduct” as a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
IF YOU WERE DATING: Family Codes 6320 [Domestic Violence] says, “The court may issue an ex parte order enjoining a party from harassing . . . including, but not limited to . . . disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.” Family Code 6203 says “[f]or purposes of this act, “abuse” means any of the following: . . To engage in any behavior that has been or could be enjoined pursuant to Section 6320.” Family Code 6300 says “An order may be issued under this part, with or without notice, to restrain any person for the purpose specified in Section 6220, if an affidavit or testimony and any additional information provided to the court pursuant to Section 6306, shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse.”
Do you have a legal defense? IF she brings a case you could say what you said was the truth - but you would have to prove all the things you alleged against her. But IF you proved those things I am not sure if, or if not, "truth" would be a valid defense.
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