Los Angeles, CA asked in Domestic Violence, Federal Crimes and Internet Law for California

Q: I am being cyber harassed and stalked by an ex boyfriend since April 22, 2022, and he refuses to leave me alone. Help?

I was with said person for approx 2 months. He admitted to having mental issues at the end of our relationship. Once I broke up with him, he began harassing and stalking me, and he refuses to stop as he stated to one of my friends he also harassed on social media. He continues to make multiple fake phone numbers, emails, social media accounts, Playstation accounts to reach me. He also has done the same to my close friends to get a reaction out of me. Since I broke up with him, I have made no contact with him until last night when he acted like a completely different person during my Twitch live stream. He changed his text speech, so I had no idea it was him until I heard his voice on Discord. I immediately blocked and reported all his new accounts yet again. I have a lot of documentation for proof of evidence against him, and have already filed a police report but haven't heard from the police. He has also made threats even saying he's going to kill himself. He lives in Canada.

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: call your local police re harassment

John Karas
John Karas
  • Domestic Violence Lawyer
  • Temecula, CA
  • Licensed in California

A: You can file a Civil Harassment Restraining Order (CHRO) pursuant to Code of Civil Procedure 527.6 against your ex-BF. You can DIY, hire an attorney or paralegal to do so on your behalf. If your papers are prepared properly with evidence in support attached (and it sounds like you have plenty), 9 times out of 10 a TRO (Temporary Restraining Order) will be issued.

However, you face 2 problems with a CHRO. First, I'm not sure a California court would have jurisdiction since your ex-BF resides in Canada. Even if the court has such jurisdiction, the TRO has to be personally served on him in Canada (you will have to hire a process server near where he lives) so he has notice and the opportunity to be heard/attend a hearing whether a Permanent Injection (PI) should be issued. Then there's the matter of whether the court in California can enforce violations of the PI unless the courts in the province of Canada where he resides upon notification of violation of the PI would enforce it.

You can also call and hire an attorney in the city of the province of Canada where your ex-BF lives to see if it has similar laws to CCP 527.6 to obtain a TRO leading to a a PI or other remedies to put a stop to his harassment of you.

All of the foregoing options will likely cost you a lost of money. The saving grace to CCP 527.6 is that it has an attorney's fee provision that if you win (a PI is issued), you may be able to be reimbursed for legal fees you paid (it's discretionary under the statute).

Your better course of action might be to contact the authorities (local police in the city of the province your ex-BF lives in Canada) and report that he has exhibited "suicidal ideation" if you have proof of the same (not just your word for it, but something in writing, other witness statements confirming the same, etc.). They can take him to a local hospital for an involuntary psychiatric evaluation for 3 days to up to 3 weeks (if Canada has similar laws to California Welfare and Institutions sections 5150 or 5350) regarding his mental state and whether he poses a risk of danger to himself or others.

This is not intended as legal advice as no attorney-client relationship has been formed.

Good luck.

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