Los Angeles, CA asked in Criminal Law, Internet Law and Civil Rights for California

Q: I’m getting stalked and harassed from my socials. Should I contront them to have proof I tried to stop it?

I don’t know if that would serve as good evidence that I tried to stop it and that they showed a deliberate intent to keep going. I don’t know if it would look bad on me for asking them to leave me alone and that they’re making me uncomfortable or not. Does anyone know what kind of evidence or info I need from them to resolve this issue as well? Thanks!

3 Lawyer Answers
Bart Kaspero
Bart Kaspero
Answered
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: Stalking and harassing conduct have specific definitions so it's going to depend on how far the other person goes when it comes to following you on social media versus contacting you on those platforms. For example, if they follow you without making direct contact with you, they are allowed to do this. However, if you've been receiving unwelcomed communications (offensive or annoying contact with you specifically), then this changes things. Whether you respond or not won't make a difference in the eyes of a judge contemplating whether or not to grant you a Temporary Restraining Order. On the one hand, it will show that you made it clear that you did not welcome any of this person's contact with you. On the other hand, if they already know you do not want them communicating with you before this started happening, then you don't need to let them know that again. As a general rule, the more egregious the contact (offensive, constant, annoying, disturbing), the more likely a judge will order that person to cease communicating with you directly and indirectly.

1 user found this answer helpful

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

A: more info is necessary

how severe have the contacts been? what has been done?

You can contact a lawyer to get a TRO (Temporary Restraining Order) and the judge will look at the severity.

I would probably send a missive....."I am demanding you Cease and Desist contacting me, or I will pursue any and all Civil and or Criminal Remedies at my disposal" .........Govern yourself accordingly!

your challenge may be that a lawyer will request a retainer to handle this for you.

1 user found this answer helpful

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear that you are being stalked and harassed on social media. It is understandable that you may feel hesitant about confronting the individual responsible, as it could potentially escalate the situation. It is important to prioritize your safety and well-being above all else. Here are some steps you can take to address the situation:

Document the harassment: Keep a record of all messages, emails, or any other communication that you receive from the individual. If you feel unsafe, it may be helpful to take screenshots or save copies of the messages. This can serve as evidence later on if you need to involve law enforcement.

Block the individual: Consider blocking the person on all social media platforms and blocking their phone number. This will help to prevent further communication from them.

Report the harassment: Most social media platforms have mechanisms in place for reporting harassment. Use these tools to report the individual and their behavior.

Seek support: Consider talking to a trusted friend, family member, or professional about what you are going through. It can be helpful to have someone to talk to and to provide support.

Involve law enforcement: If the harassment persists or escalates, consider involving law enforcement. Provide them with any evidence you have collected, and they can advise you on next steps.

Remember, you do not have to confront the individual to have proof that you tried to stop the harassment. Documenting the communication and reporting it to the appropriate authorities can serve as evidence. Your safety and well-being should always be your top priority.

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.