Legal Question in Criminal Law in California

Stalker

She now lives in CA. He now lives in CO. She used to live here in CO. with him. She's my friend. They lived together for about a year so now he knows all her inportant info. Like ssn, phone acct #, Mothers maiden name, her birthdate, etc...He hacks into her cell phone acct online, from CO. and starts calling the #'s in her phone records. He speaks with the new guys shes gotten to meet and is starting to go out with, here and there. It's gotten worse over time. He did the whole GPS thing with her cell phne when they split, before she moved back to CA. She wants to come back to CO. to live, and i''m afraid it will only get deadly. What can she do to get, and keep him out of her personal accts, online and off?


Asked on 4/03/09, 4:48 pm

3 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: Stalker

She needs to get a restraining order.

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Answered on 4/03/09, 9:16 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Stalker

First: change the account numbers. Change the passwords. Second: stop using/carrying the phone and the account he has access to. She or he will have to start paying for their own cell service. You think he knows all the past numbers that apply to her. No one will know the new numbers unless she gives them out. She should not do that.

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Answered on 4/03/09, 5:02 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: Stalker

The first thing she needs to do is to get in touch with the police department in the County where he lives and report the on line stalking and privacy invasion.

The second thing she needs to do is to have a computer expert go over her computer (assuming it is the same one she had when she lived in Colorado and he had access to it) and have any spyware removed. I STRONGLY suspect he installed a Key Logger Program on her computer, which monitors every key she presses and then emails the data to him , but it is also possible to install one by sending her an email with a trojan included; this could be completely stealthy

This kind of program allows him to get all her new passwords even if she changes them, not to mention monitoring all her emails, chat sessions, etc. Her computer expert should attempt to discover the email address to which the keylogger reports are sent. It will be important evidence to nail him.

Once her computer is clean, she needs to change all her passwords to all on line accounts, and NOT use the common password reminders like Maiden name, etc.

I take it you are the new boyfriend. You can help her by giving her a signed statement verifying the call to you and the stalking. Do the same with everyone else who got calls.

Then she should get a judge in Colorado to issue a restraining order that he not contact her or her friends (at least the ones he is not supposed to know), nor access any of her personal data or accounts. I know going to Colo to do this is a problem, but she needs to respond decisively so he stops feeling in control, and starts feeling scared.

If her cell phone account is a California account, she should also report the cell account invasion to the local police in California, and they can work with the Colo police.

It would be a mistake not to take this guy seriously, but it seems you do. I hope she does. I hope this helps.

Finally, you might do well to review some of the articles on Domestic violence and stalking at:

http://lawyer-domestic-violence.com/domestic_violence.htm

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Answered on 4/03/09, 5:29 pm


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