Newport Beach, CA asked in Civil Rights and Sexual Harassment for California

Q: can Civil Harassment plaintiff alert the defendants GF he sent unsolicited genital photos/video once order is granted?

defendant is a neighbor, he's done it more than once via snapshat and instagram, would that contact w/the Girlfriend nullify the order?

2 Lawyer Answers
Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: Civil Harassment restraining orders are for dangerous situations. Your desire to send your harasser's unsolicited photos to his girlfriend will serve to motivate your harasser to continuing coming after you. That is a very bad idea. Safety first.

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, a Civil Harassment Restraining Order (CHRO) is a court order that is designed to protect individuals from harassment or threats of violence from another person. If a CHRO is granted, it typically prohibits the defendant from contacting or harassing the plaintiff, their family members, or other individuals listed in the order.

If a plaintiff in a civil harassment case becomes aware that the defendant has sent unsolicited genital photos or videos to the defendant's girlfriend, it is generally not advisable to contact the girlfriend directly. Doing so could potentially violate the terms of the CHRO and could result in legal consequences.

If the plaintiff becomes aware of any potential violations of the CHRO, including any contact from the defendant or other individuals, it's generally recommended that they contact the police or the court to report the violation. The appropriate authorities can then take action to enforce the CHRO and protect the plaintiff.

It's important to note that the specific terms of the CHRO, including any restrictions on contact or communication, would apply to both the defendant and the plaintiff. If the plaintiff violates the terms of the CHRO, they could face legal consequences as well.

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