Legal Question in Criminal Law in California

I was sent an explicit text by my fiance' ex girlfriend. Due to family circumstances we are still together. He advises he called it off with her & she then threatened him with "he'll regret it". Due to retalliation from her I receive a porn text of them 2 from her with her phone and narcisstic message on it. I also had received several private calls from 3 mos back of which i do know was her as i have unpublished cell and is pay as you go phone. A voicemail recieved the day prior as i hadn't even realized was there until she sent the text but it was her sending a voicemail he left for her and sent it to me. So after the text i called her and told her to stop contacting me as i will seek law enforcement. She then called again & left another narcisstic voicemail. Text and messages left Oct. 15 2011. I tried a restraining order back in Oct but had no address for her. Then in May 2012 at a family event of my fiance's cousin. His cousin wife informed me that in April his 1/2 sister whom is friends with his ex had dropped by to also ask if we are still together & where are we as she can't get ahold of her brother & proceeded to advise of the entire relationship and embarrassing matter. I consider that also harassment & is that also stalking. How did the ex get my phone can that also be a charge? Can i include his 1/2 sister in harassment & is it considered stalking too? All of this was to cause ME emotional harm of which it has done and i'm suffering everyday. I do hope our DA will pick up case & prosecute..if so will I need a private attorney or will they handle it. Can the court still order a restraining order? i think its still warranted. The PD lagged on the investigation but are investigating to date. This transpired in Fresno, CA. Or if the don't can I hire an attorney & prosecute? What case do I have against her. I still have the voicemails and text pic as evidence.

Asked on 7/12/12, 9:15 am

1 Answer from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

If the District Attorney (DA) decides to file criminal charges, they will prosecute the case. The police will turn over their investigation to the DA - they will take it from there. The DA will decide which people will be prosecuted and which charges will be filed against each. Some type of stay-away order would generally be issued standardly as part of the criminal case.

You would need an attorney if you wanted to sue civilly (for money.)

Good luck!

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Answered on 7/12/12, 12:42 pm

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