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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10236
Experience:  Civil litigation attorney for individuals and businesses.
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An "ex" stole my computer and is now sending nude photos

Customer Question

An "ex" stole my computer and is now sending nude photos which he did not take to my friends and family. He has been threatening me for months and injured me and my property.
Submitted: 10 months ago.
Category: Legal
Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

If the restraining order and police reports have not worked, you can sue the individual for conversion (the civil equivalent of theft). This is an intentional tort, and you are entitled to not only compensatory damages, but also punitive (or exemplary) damages.

You can sue in small claims court, without needing a lawyer, and collect for up to $10,000.00. Small claims cases are typically heard in as short as 2-3 months of the date of filing (very fast in terms of civil litigation).

You can also ask the court to issue "injunctive relief" precluding the individual from posting any further photos, etc. that he may have recovered from your computer. Future violations would be violations of a court order and could result in criminal prosecution as well as further monetary damages.

You could consider a more complex civil suit, but those take longer, generally a lawyer is recommended, and if I understand your situation, you are probably looking to get a quick resolution and are more interested in getting this to stop rather than trying for a large dollar amount judgment that may or may not happen, that may or may not be collectible.

You can find all of the information and forms you need to file your small claims suit here: http://www.courts.ca.gov/1007.htm, make sure to hire a process server to actually serve your complaint (especially with a domestic relationship/history and the restraining order, you do not want to have to rely on a friend or family member to do this for you, a process server can perform this quickly, and efficiently and usually for around $60 - you can recover this fee as part of your litigation costs after a successful judgment).