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?

Related Topics:
1 Lawyer Answer
William John Light
William John Light
Answered
  • 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.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=646.9&lawCode=PEN

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

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.