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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33166
Experience:  JD, BBA Over 25 years legal and business experience.
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What legal recourse do I have against a man who recently stole

Customer Question

What legal recourse do I have against a man who recently stole my phone & consequently also stole several texts and an explicit photo of a different man from this phone by emailing them to himself?
Submitted: 3 years ago.
Category: Legal
Expert:  Tina replied 3 years ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Did you retrieve your phone from him, but are still missing the files he sent to himself? Has he threatened to publish the files he took?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.
The offender did return my phone - threw it at me, actually. I still have the texts, but now he does, too. He kept all the information (text & photos). He actually tried to wrestle the phone back from me later the same night (to steal more info) & was mildly violent with me. He has not threatened to publish the info, but he has hinted at the possibility. He has sent & resent them back to me - harassing me with them. And these things were never sent to HIM - they were sent to ME.
Expert:  Tina replied 3 years ago.

I see. Thank you for the additional information.

It is too bad you did not call the police, but I would still call them now since the harassment is ongoing. Report the violence, the theft, as well as the harassment. He can be criminally charged for the theft of your files and could be required to delete them and be prohibited from publishing them further or harassing you as part of a plea deal or sentence.

You could also file a petition for an anti-harassment order, but you should have documentation, such as a police report, to support your allegations in seeking such an order.

If he is not criminally prosecuted and he does publishes the files, you could also file a petition with the local court seeking an injunction against him, which is a court order that would prevent him from further publishing them or risk being jailed. You could file a civil suit as well, seeking damages for the assault and battery as well as the conversion of your electronic files and invasion of privacy if he does publish the files.

I would typically begin though by filing a police report and see whether the prosecutor pursues criminal charges against him.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

 

Expert:  Tina replied 3 years ago.
Hello again,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.
Is there anything else I can assist you with?
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina
Expert:  Tina replied 3 years ago.
Hello again,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.
Is there anything else I can assist you with?
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina