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  1. #1
    Join Date
    May 2015
    Posts
    27

    Default Can I Get a Restraining Order for Online Bullying and Stalking

    My question involves restraining orders in the State of: California


    Hello everyone,


    I am a business owner in the state of California in the city of los angeles. I am having issues with my brothers ex-wife. he recently left her due to a toxic relationship and now she is trying everything she can do make the family look bad through our online business pages through yelp.

    she is posting defamatory comments and posting negative pictures claiming she is going to go to the cemetery to do black magic on our family. she is also posting pictures of her self being convicted in court and posting the news article on our yelp pages. ( she defrauded someone ) we are in the same industry but trying to make it look like we conduct the same dishonest business practices.

    we would like to get a restraining order against her to try and stop her from stalking us and making these false comments.

    is this possible ?

    thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can I Get a Restraining Order for Online Bullying and Stalking

    Maybe. The devil will be in the details.

    Is he emailing these comments and images to you? Or, is he posting them on his own site or common places? If these are only on Yelp, you might see about getting them removed. If not, I know that there is precedent to obtain court ordered relief through lawsuits about such things, but I am not familiar with any restraining order in CA that might prohibit such activity absent a conviction for some other crime such as stalking or criminal threats. It unlikely that the police would entertain a report for stalking (per PC 422.6) but it might not hurt to ask. The details will matter.

    You can pay the fee and file the proper forms at the local courthouse, but there is no guarantee. If the contacts are not direct, it may be very difficult to get any order that will prohibit his postings. Here is some general info on the process and what it entails: http://www.courts.ca.gov/1044.htm
    **********
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    Love mercy,
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  3. #3
    Join Date
    Aug 2015
    Posts
    181

    Default Re: Can I Get a Restraining Order for Online Bullying and Stalking

    Quote Quoting NewLaw
    View Post
    My question involves restraining orders in the State of: California
    I am a business owner in the state of California in the city of los angeles. I am having issues with my brothers ex-wife. he recently left her due to a toxic relationship and now she is trying everything she can do make the family look bad through our online business pages through yelp.

    she is posting defamatory comments and posting negative pictures claiming she is going to go to the cemetery to do black magic on our family. she is also posting pictures of her self being convicted in court and posting the news article on our yelp pages. ( she defrauded someone ) we are in the same industry but trying to make it look like we conduct the same dishonest business practices.

    we would like to get a restraining order against her to try and stop her from stalking us and making these false comments.

    is this possible ?

    thanks.
    I am not familiar with the California judicial system, but even if she is not contacting you directly you could file a lawsuit for injunctive relief prohibiting her from her unjustified acts. Depending on the content and detail of her defamatory comments, you might have a claim of defamation per se regardless of whether you can prove her publications have harmed you or your business. In many jurisdictions (states) publications which falsely impute dishonesty are deemed defamatory per se.

    Also, the California appellate court recently issued http://courts.ca.gov/opinions/documents/A145643.PDF , an opinion affirming the restraining order against a defendant who kept defaming the plaintiff, harassing him and his family, and trying to interfere with his employment.

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