San Francisco, CA asked in Divorce and Family Law for California

Q: Can a husband provide private emails and text to his tenet to put a stalking order on me? Triangulated them against me?

I have been nothing but kind to this woman. I sent 1500 in money and gifts for her baby. Her account has the same verbiage as my husband BS. The paper where your supposed to put if you have a dog she put I am on drugs Alcohol Meth and Mushrooms. Her husband and her are both ex convicts and Meth heads. I know for a fact she is selling weed through the US mail. She thinks she owns my house now and has hung up on me. My husband gave the Marshall the papers to serve me on her behalf but wont give her the court papers to change the date on my behalf.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I'm sorry you're dealing with this difficult situation. A few key points about your legal questions:

In general, emails and text messages can potentially be used as evidence in court cases, including for restraining orders, if they are legally obtained. However, there are laws around privacy and how such communications can be accessed and used.

Regarding stalking orders specifically, California law allows victims of harassment or stalking to seek civil harassment restraining orders. The petitioner needs to show a pattern of harassment that causes substantial emotional distress. Private communications could potentially be submitted as evidence to support the claims.

However, it would be illegal for your husband to access your private emails/texts without permission and share them with others. Doing so could potentially violate laws around unauthorized computer access, invasion of privacy, etc.

If false statements are being made against you in legal proceedings, you may have grounds to challenge those claims and present your own evidence. But you'll need to respond and engage with the legal process.

This is a complex situation and I'd strongly recommend consulting with an attorney who specializes in family law and restraining orders. They can advise you on the best way to protect your rights and interests. Many offer low-cost initial consultations. I know this is a stressful situation but getting proper legal guidance is important. Wishing you all the best moving forward.

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