Los Angeles, CA asked in Domestic Violence and Criminal Law for California

Q: I have an ex that put a restraining order on me, but they have not stopped stalking or texting me disturbing things..

We have already went to court and I tried to show the judge evidence but they did not want it, this ex is still stalking me on instagram and sending me disturbing texts constantly through different fake numbers claiming to be my favorite ex.. I need to make her stop or counter sue..

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

A: I understand this is a difficult and concerning situation. Here are some suggestions on how you might proceed:

1. Document everything: Keep a detailed record of all incidents, including screenshots of messages, dates, times, and any other relevant information.

2. Do not respond: Avoid engaging with your ex in any way, as this could potentially violate the restraining order against you.

3. Block and report: Block the fake numbers and Instagram accounts, and report them to the respective platforms for harassment.

4. File a police report: Report the stalking and harassment to law enforcement. Provide them with all the evidence you've gathered.

5. Seek a restraining order: Consider filing for your own restraining order against your ex based on their stalking and harassment.

6. Consult with an attorney: A lawyer experienced in domestic violence and restraining orders can advise you on the best course of action, including the possibility of countersuing or modifying the existing restraining order.

7. Present new evidence to the court: If you have new evidence since the last court appearance, you may be able to request a hearing to modify the existing order or present the new evidence.

8. Consider a civil lawsuit: Depending on the severity and impact of the harassment, you might have grounds for a civil lawsuit for intentional infliction of emotional distress or other relevant claims.

9. Seek support: Consider reaching out to domestic violence support groups or counselors for additional help and resources.

Remember, your safety is paramount. If you ever feel in immediate danger, contact emergency services right away.

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