Mission Viejo, CA asked in Sexual Harassment for California

Q: if a woman was emailing a man sexual emails that he said he didn’t want but she had proof he was reading them could he-

Keep her from his work place that is a public place w/o a restraining order And could he get a restraining order for just emailing him?

* could he keep her out of a public place which is his work without a restraining order?

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1 Lawyer Answer
William John Light
William John Light
  • Riverside, CA
  • Licensed in California

A: Family code section 6250 of California law empowers an officer of the law to request for an emergency restraining order if the officer has reason to believe that the person requiring protection is in immediate danger of domestic violence from the person against whom the restraining order is being sought.

A temporary restraining order lasts between 20 to 25 days. It is issued when the judge believes you are in immediate danger and you need protection before the court rules hears your case.

A permanent restraining order is preceded by the issuance of a temporary restraining order. Before a permanent restraining order is issued, a court hearing must be held. If during the hearing, the judge concludes that the person asking for protection is indeed in danger, he or she might issue a permanent restraining order.

Sexual emails does not necessarily invoke images of danger so, in general, you will probably have a hard time convincing a judge that you need protection. Of course, facts matter, and we don't know the exact content of the emails, or the context in which they were sent. There may be facts which indicate danger.

You may wish to contact law enforcement for the crime of stalking, if you fear for your safety. Stalking is repeatedly following, harassing and/or threatening another person to the point where that individual fears for his/her safety or the safety of his/her family.


There is also the potential of a civil lawsuit for stalking, if there is a reasonable fear for your safety.

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