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Law Girl
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Experience:  I have practiced criminal law.
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Can I get a restraining order in my State for a person ...

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Can I get a restraining order in my State for a person that is located outside of my state due to cyberstalking?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Girl replied 6 years ago.
What is this person doing? I need a little more information to figure out whether this will qualify as cyberstalking and your chances of prevailing if you go into court requesting a restaining order.
Customer: replied 6 years ago.
I can send you a detailed copy of what they are doing via email in if you wish? However, briefly, they are using fraud, forgeries and false accusations to defame, harass, threaten and stalk me on USENET, on Web Sites and via email, and have been doing so for more than two years.

Among other things, they have fraudulently accused me of dealing in Child Porno, being prosecuted for Child Porno and a host of other crimes, and they have posted as statements of fact that I am a pedophile, murderer, war criminal, wife beater, car thief, rapist, a cannibal that feasted on the men I killed in Vietnam, that I claimed medals I did not received, that I lied when I said I served in Vietnam, that I lied about my rank in Vietnam, that I lied about everything about Vietnam, that I received a bad discharge, and similar outrageous and fraudulent claims, including more than twenty threats of death of violence, and deliberately inciting such threats by visiting Muslim Mosques and other third parties to spread hate and fraud about me. Their hate publications about me so far and counting, number about five thousand different publications.

Believe me, you have never seen anything like this before unless you have had the misfortune to encounter a well paid smear gang.

There are about eight different gang member individuals, and they regularly use several different fake names to support their attacks. I have identified the main gang members and their general locations. Two are from Portland Oregon, Two are from Texas, one is from Hawaii, one is from Michigan, One is from Virginia, and one is from Tennessee. The main gang leader remains anonymous and posts exclusively under the handle ofXXX@XXXXXX.XXX.

I am willing to go into Federal court to gain the restraining order.

If you want more specificity, let me know where to send it via email.

Thanks

Douglas G. Reiman
Expert:  Law Girl replied 6 years ago.

 

DearCustomer

Thank you for your question.

According to Rev. CodeWash. § 9.61.260,

(1) A person is guilty of cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to such other person or a third party:

(a) Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act;

(b) Anonymously or repeatedly whether or not conversation occurs; or

(c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household.

(2) Cyberstalking is a gross misdemeanor, except as provided in subsection (3) of this section.

(3) Cyberstalking is a class C felony if either of the following applies:

(a) The perpetrator has previously been convicted of the crime of harassment, as defined in RCW 9A.46.060, with the same victim or a member of the victim's family or household or any person specifically named in a no-contact order or no-harassment order in this or any other state; or

(b) The perpetrator engages in the behavior prohibited under subsection (1)(c) of this section by threatening to kill the person threatened or any other person.

(4) Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.

(5) For purposes of this section, "electronic communication" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. "Electronic communication" includes, but is not limited to, electronic mail, internet-based communications, pager service, and electronic text messaging.

I think the conduct that you have describe definitely falls into the category of cyberstalking. I would advise you to meet with a civil attorney to consider what types of actions can be brought against these people. I would advise you to consider a restraining order and injunctive relief to prohibit them from posting any other information. A local attorney may also choose to pursue these individuals under a defamation theory.

Please let me know if you have any other questions. Otherwise please hit "ACCEPT" so I may receive credit for my response.

I am sorry you are going through this, but I am confident that you have recourse. Good Luck!

-KAT

 

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Category: Criminal Law
Satisfied Customers: 4606
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Customer: replied 6 years ago.
Kat. Thank you, XXXXX XXXXX have read that cyberstalking statute at least fifty times. My question was can I gain a Washington State restraining order, or, file criminal charges in Washington State against out of state perpetrators?

I believe I can easily prove cyberstalking and harassment, the question is where to file for a restraining order since the smear gang members are scattered all over the USA.

Doug
Expert:  Law Girl replied 6 years ago.

Doug:

It is not my intention to make you respond to me many times; however, since your case is complex, I anticipate going back and forth a couple of times. I hope that is not too frustrating for you.

Since it sounds like not all the gang members are local, you have the benefit (the term used loosely) of filing federally. They are using the internet to cyberstalk you across state lines. That is a federal charge. You have criminal and civil remedies. In fact, your case is so unique, that a federal prosecutor would probably welcome the opportunity to hear about your case. To stop this kind of conduct, you will need federal injunctive relief. State relief will not have jurisdiction against the conduct of out of state parties. Additionally, a federal prosecutor should have the contacts to effectively resolve this issue across the board. Whereas a state prosecutor will probably not have far-reaching contacts into other states.

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