Text Message Harrassment

**DAN13L83** · 05-08-2012, 12:59 AM

My question involves restraining orders in the State of: California.

Hello, I think I have a problem. I been arguing with an ex lately. I pissed her off with text messages. She would tell me to stop texting. I of course didn't stop. But we would later text and talk like normal. Well over the week end I cussed her out. She got really mad, told me to stop texting her. I sent her text to tell her I was playing and didn't mean it. I text her through out the weekend to apologize. I finally got a hold of her and she was mad and hung up on me. I left a mean voicemail. I even sent a long sms, a super mean, vulgar one. She texts me back and tell me she will sue me in court for harrasment. I didn't realize what I was doing so I apologized and told her I would stop communication and that there was no need to do that. I only did that so she can cut me off from her life, not to sue. I left like 3 text messages apologizing and an email. Now,My question is, can I get in trouble? Can she really sue? I just don't want to go to court and waste our time. I know what I did was wrong.

**aaron** · 05-08-2012, 06:10 AM

You posted this as a restraining order enforcement issue. If you have a restraining order that against you that forbids you from contacting her and you're violating the order, she can petition for you to be held in contempt of court. If she doesn't have a restraining order and your conduct is threatening, she could potentially obtain one or report your conduct to the police as harassment or stalking behavior.

**DAN13L83** · 05-08-2012, 07:22 AM

She doesn't have anything yet. I'm just going to leave her alone. Hopefully nothing happens.

Also, I never threatened her in any way. one thing that pisses me off is all the times she has harassed me in the past, even coming to my house when I told her not to. But, hopefully it's an empty threat. it worked but if all she can get is a restraining order, then I hope she gets one so she can also stay away from me.

**DAN13L83** · 05-08-2012, 05:52 PM

My question involves court procedures for the state of: California

Hello, i have a question. i know some one that has been texting some one over the weekend. The texts were vulgar and offensive. No threats were made. That person later apologized, tried to get on the phone with her. Told her that if she didn't call him back, that was a sign that she didn't want to talk to him again and he would leave her alone. She called, talked her mess, then hung up. He then called her back, she wouldn't answer the phone and he got mad and sent a few nasty messages, no threats. she then accused and threatened to sue for harassment. That person has apologized and stopped texting not realizing what he was doing. The history behind them is that they use to date and the girl played many mind games and hurt the guy. they stopped talking for a while and got back in touch but the guy is still hurt and took it out on her. another thing, she did tell him to stop texting but he didn't take it seriously since she was mad. He said she use to tell him not to ever contact her again but the next day she would kiss his butt. she even harassed him in the past when he told her to stop calling. Since the girl threatened to sue, what legal action can be done if there is a case? What are the consequences? That girl is a sociopath. Probably lie in court. Should the guy be worried? I heard he can be sued for emotional distress and go to jail.

**cbg** · 05-08-2012, 06:00 PM

You...I mean "the guy" need to stop calling. Stop texting. Stop contacting her in any way, shape or form. You...I mean he...needs to take it seriously when she says stop. That's the best way he can protect himself. LEAVE HER ALONE.

If she is the sociopath, it's only smart to stay away from her. If you...I mean he...is, then you...I mean he...needs to learn to stay away when told to.

**Dogmatique** · 05-08-2012, 06:04 PM

(I doubt you're qualified to diagnose a psychiatric condition - so let's not toss around "she's a sociopath", specially given that she wasn't the one who refused to obey a simple request, eh?)

She can probably get at least an anti-harassment order against him, since she DID tell him to stop texting and he did not do so. Doesn't matter whether she called him back the next day - she told him to stop. Now, could he use continued contact initiated by her as a defense? Oh, very possibly.

I doubt this would come close to any crime where incarceration would be likely, but he really needs to just stop contacting her. Period. Even if she calls him twenty times begging his forgiveness. This is obviously not a healthy relationship.

Emotional distress is also highly unlikely - those cases are incredibly difficult to prove. It most likely wouldn't be worth pursuing.

Basically, your friend needs to grow up and move on. If she's that bad, she's not worthy of his time anyway. Right?

**DAN13L83** · 05-08-2012, 06:09 PM

Haha, yeah, I think he violated Penal Code 653m. He apologized and told her he will end communication. He just never took her seriously. She use to tell hum to leave her alone but would kiss ass to him the next day. But now that she mentioned the law, he terminated all communication hoping she leave him alone which was his motive.

Quoting Dogmatique

(I doubt you're qualified to diagnose a psychiatric condition - so let's not toss around "she's a sociopath", specially given that she wasn't the one who refused to obey a simple request, eh?)

She can probably get at least an anti-harassment order against him, since she DID tell him to stop texting and he did not do so. Doesn't matter whether she called him back the next day - she told him to stop. Now, could he use continued contact initiated by her as a defense? Oh, very possibly.

I doubt this would come close to any crime where incarceration would be likely, but he really needs to just stop contacting her. Period. Even if she calls him twenty times begging his forgiveness. This is obviously not a healthy relationship.

Emotional distress is also highly unlikely - those cases are incredibly difficult to prove. It most likely wouldn't be worth pursuing.

Basically, your friend needs to grow up and move on. If she's that bad, she's not worthy of his time anyway. Right?

Yeah, you are right. It was very unhealthy. But he has stopped texting her. It's not worth it at all. Hedidn't know that it doesn't matter whether she called back.