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Ask Legal-Kal Your Own Question
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 555
Experience:  Attorney at Law Offices of Khaled Issa
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My daughter who is 19 and has been in a relationship with her

Customer Question

my daughter who is 19 and has been in a relationship with her boyfriend for 31/2 years.they live together with another couple.he has hacked into her phone has gotten texts and saved them and threatens to put info on social media and also pics that he has of her and is using that to keep her with him its getting to the point of they are putting handa on one another. what can be legally done please help
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no spoke with local police officer last night but her said he could come by this evening and maybe put a little fear into him ,but ive been in the middle for 3weeks and she has told him she didnt want to be with him repeatedly but he isnt hearing her,and i feel its just gonna get worse
JA: Is there anything else important you think the Criminal Lawyer should know?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 7 months ago.
Good afternoon: My name is ***** ***** I would be happy to provide general information regarding your question. May I ask, in what state is this occurring as this will play an important role in your (and your daughter's) options.
Customer: replied 7 months ago.
Franklin Georgia
Customer: replied 7 months ago.
will i get a reply soon on what can be done
Expert:  Legal-Kal replied 7 months ago.
Thank you for that information. Now, your daughter would have remedies against this individual in the civil arena. Civil law pertains to monetary damages only (as opposed to criminal law which deals with punishment for crimes). Essentially, this individual would be committing the tort of Invasion of Privacy. Invasion of Privacy can occur in four circumstances. Based on what you have provided, two of these four would apply. This first is Invasion of Privacy by False Light. For False Light Invasion of Privacy to occur, your daughter would need to prove;The defendant published some information about the plaintiff (which includes posting materials online)The information must portray the plaintiff in a false or misleading light.The information is highly offensive or embarrassing to a reasonable person of ordinary sensibilities.The defendant must have published the information with reckless disregard as to its offensivenessBefore I proceed to the second tort, I would like to pause here for a moment and allow you to ask any questions you may have on what I have provided thus far.
Customer: replied 7 months ago.
so if he is using these things against her wouldnt that be considered blackmail? and he also has a first offenders charge
Customer: replied 7 months ago.
if they have both signed a lease at the apts where they live how can she get out of it its for a year and they moved in in feb 2016
Expert:  Legal-Kal replied 7 months ago.
In this circumstance, it would not be considered blackmail. This is because in GA, blackmail (otherwise called "extortion") can only occur with a theft. For theft to occur, under the law, the individual would need to obtain an item "of value" (whether it be money or other property). From your initial post, it did not seem that this individual was attempting to obtain anything of value in exchange for the promise to not post certain information online. However, your most recent response may change things. Are you saying that this individual is threatening to post information online if your daughter cancels a lease? That would be something "of value" under the law.
Expert:  Legal-Kal replied 7 months ago.
Essentially, to determine if Theft by Extortion is applicable here, the question is: What is this person obtaining or receiving in exchange for not posting the information online? If you could answer this, I can provide general information as to whether the Theft by Extortion criminal law applies in your daughter's circumstance.
Customer: replied 7 months ago.
he spent money on her graduation dresses and has told her he would take them if she basically didnt stay with him and to post info its not safe for her cause he is waking her up through out the night verbly abusing her and getting in her face saying derogatory things making her have sex in order to keep the items
Customer: replied 7 months ago.
i feel its best for her to get out of her lease but not sure how to go about it
Expert:  Legal-Kal replied 7 months ago.
So this individual is indeed obtaining an item "of value" in exchange for not providing information online. Based on this, the Theft by Extortion law (i.e., blackmail) would apply against him. Additionally, from what you have provided it seems this individual is committing behavior that can be considered "assault" under the law (which is placing a person in fear of receiving a battery, as evident by this individual getting in her face and possibly placing fear into her). Assault is a misdemeanor offense punishable by up to one year in jail along with a fine. On top of that, because your daughter is/was in a romantic relationship with this individual, based on the assault, your daughter may be able to obtain a protective order against this individual in Court. This would require the individual to: ***** ***** contacting your daughter, move out from their shared residence and refrain from posting information regarding your daughter online. Your daughter would have to file a request with the Court for the county in which this is occurring in and tell the judge of the facts of the case. The judge then, based on the evidence, may issue an order requiring the individual to refrain from doing what I mentioned above. A violation of this Order can lead to criminal charges against the individual. This is usually the best course of action for person "stuck" in a bad relationship and wishing to end and get out of the relationship.
Expert:  Legal-Kal replied 7 months ago.
If you would like, I can provide a website to you open to the general public that details how to go about in obtaining a protective order or restraining order against someone who is involved in a dating/romantic relationship? Please let me know if you would like this.
Customer: replied 7 months ago.
yes please
Expert:  Legal-Kal replied 7 months ago.
Sure thing. Here is a link to the website. The information provided in the website is very useful and valuable in providing information regarding the orders and how to go about in obtaining one: http://www.womenslaw.org/laws_state_type.php?id=500&state_code=GA After you review the information, if you have any questions based on it, please feel free to ask and I would be happy to assist. If you do not have questions after your review, please remember that experts here are not employees of JustAnswer and do not get credited for taking the time to assist individual until the individual clicks ACCEPT and rates the assistance provided. Your cooperation in this regard would be appreciated! Thank you!
Expert:  Legal-Kal replied 7 months ago.
I hope you have had the opportunity to review the information I have provided. If you have, and have no other questions, please remember that experts here assist customers as their source of income and not as a hobby, meaning they are not credited for taking the time and assisting an individual until the individual clicks ACCEPT and rates the assistance provided by the expert. Thank you again and, as always, if you have questions on what I have provided, please ask and I would be happy to assist further!
Expert:  Legal-Kal replied 7 months ago.
If you have no other questions, please remember to click ACCEPT and rate the assistance provided. Thank you.

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