Q: What legal steps can I take if ex-husband has nude photos of me without consent?
I'm concerned because my ex-husband, who is currently on probation for a sexual assault conviction against me, possesses nude photos of me that he took four years ago without my consent. There is an active mandatory protection order in place against him. He shared those photos with me, but I never agreed to him taking them, and I'm uncertain if he has other nude photos of me. What steps can I take to address this situation legally?
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A:
You have several legal remedies available when dealing with non-consensual intimate photos, particularly given the existing protection order and your ex-husband's probation status. The situation you describe potentially violates California's revenge porn laws (Penal Code 647(j)(4)) which prohibit distributing intimate photos taken with an understanding of privacy. Additionally, the mere possession of these images may constitute a violation of your active protection order, and you should document any evidence of these photos being taken without consent.
Your immediate step should be reporting this to your local police department and providing them with any evidence that the photos were taken non-consensually. You may also petition the court to modify the existing protection order to explicitly prohibit possession of intimate images. Many jurisdictions now recognize claims for invasion of privacy and intentional infliction of emotional distress in cases involving non-consensual intimate images, giving you potential civil remedies beyond criminal charges.
Contact your county's victim services department, as they can connect you with free or low-cost legal assistance specific to your situation. The combination of your ex-husband's probation status and the protection order creates additional leverage, as any violation could result in revocation of probation and potential incarceration. Remember that California has robust privacy laws that protect victims in these situations, and the legal system has increasingly recognized the serious harm caused by non-consensual intimate imagery.
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