Thank you for your reply.
1) In California you can file for a restraining order under harassment if you can prove the following:
The Code of Civil Procedure law on Civil Harassment Orders (Section 527.6) defines harassment as:
- unlawful violence;
- a credible threat of violence; or
- a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose.
The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the plaintiff.
If you can establish one of these events, then you can also file for a restraining order against her.
2) Yes, cell phone messages, emails, text messages or anything which will support your case is admissible. Since she left the messages, emails and/or text messages, there is no need to get her consent.
3) A defamation of character case of action, requires proof that she made a false statement (a lie) to hurt you before you can sue. If you sue, she will bear the burden to prove that she told the truth or that she did not make a statement of fact, but only an opinion.
An attack to your reputation means that you are being retaliated against by what she has said. For example, an employer may fire you because if they believe her.
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