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CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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Couple months ago My ex girlfriend broke into my apartment

Customer Question

Couple months ago My ex girlfriend broke into my apartment with keys stolen from me over a year ago, once she entered, she snapped photo of my current girlfriend, who was at the time naked in the bed, and went into kitchen , trying to look for knief while she verbally threatened to kill us both. She broke one of the glass and grabbed one of the broken pieces in her palm, and tried to hurt my girlfriend. My girlfriend managed to grabbed her hands and took control of her violence acts, yet it still resulted in injures and cuts on both my girlfriend and my ex ( she cut herself in the palm since she won't let go of the broken glass) . Police arrived and arrested her, took her to hospital, and released her the next morning. The police did not press charges on her because it was a Friday night and we were told no prosecuters were on duty until Monday. We received a police report, and were advice to file an order of protection and possibly press charges on her personally. We filed the order of protection, and were told that we have to serve the paper to her.
The problem is, my ex moved to California a few months ago, I do not have her new home address, and had such a hard time to find a California Sheriff who can serve the court paper to her. I only have her work address.
Also, my ex had since been harrassing my mother and friends via social media , phone calls, and texts. She still held the inappropriate photo of my girlfriend, and I would like to press charges on her for Battery and Assualt, Home invention, harassment ( she used to called me 3 am in the morning until my phone went dead) , harassment on my friends and family via social media. She has to be stop . This is not the first time she had physcially abuse and hurt me, I had photos and evidence of bruises and body injuries made by her while I was dating her. She still threatened to take revenge on us . I feel seriously threatened and would like to have instruction on :
1. How to serve the court paper to someone out of state
2. How to sue someone for battary Assault, home invasion, invasion of privacy ( she took naked photo of my girlfriend and sent it to others ) , and harassment ? Do I file the charge at domestic violence court while I apply for Order of Protection ? Or I have to sue her personally via a lawyer ?
3. Since she works for facebook, I have doubt that she use her work related provilage to access and track my geo location, and get my friend's contacts. I would like to file an official complaint to her HR and notify them with her violence behaviors. What is the proper and right way to do so ?
Submitted: 1 year ago.
Category: Family Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of this situation.

  1. Hire a process server. If you know where she is living or working, contact the County Bar Association for that county and ask for referrals to local bar associations, they can use proprietary databases to find your ex and then can serve her.
  2. You can file suit for these claims yourself (without a lawyer), but I would recommend visiting your local law library, there you will find books called "practice guides" that contain information on how to file a case, along with templates you can use for pleadings and motions. (Most likely you will get a "default judgment" as she is living out of state - this is a judgment you get when the defendant is served, but fails to show up, so the plaintiff gets the relief asked for in the complaint (this is what you want!), but it is very important to get your complaint done properly).
  3. You can file a complaint with her employer if you like, I cannot tell you whether it will have any effect one way or the other, however, a court injunction prohibiting her from utilizing social media to harass you or your family can be effective (although expect to have to take some steps to enforce it).

While not required, you may want to consider hiring a local civil litigation attorney, given the scope of this woman's abuse, I would recommend taking this very seriously and prosecuting a case on your own to save money does risk missing important deadlines, and procedural requirements. You can do it, but if you do, expect to spend a lot of time researching it (the law library is your best resource) - as I noted above, hopefully you will prevail on a default judgment, which would keep your attorney's fees to a minimum if you decided to hire counsel.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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