Legal Corner

Re:stalking / harassing client
Dr. OBGYN 12698 reads
posted

Report the situation to the police.  I don’t know where you are located, but California has anti-stalking laws that are vigorously enforced.

What legal recourse does a provider have against a former client that is now stalking and harassing her? This person found out and then has fraudulently used her real name, address, etc., to create email accounts and out her to friends, family will be next. Harassing phone calls, sending her numerous magazine subscriptions, are some other examples of the activity that has gone on for the last couple of months now.

Is a restraining order helpful, or would that only cover physically distancing a person from you: and be of no help to what happens online in cyberspace.

any help, ideas and suggestions would be greatly appreciated

sidone11815 reads

Restraining orders can be applied to actions in cyberspace, but they can't restrict the restrained person's first amendment rights to communicate with third parties.  He can be restrained from pretending he's you, but he can't be prevented from telling people what you do for a living.  

In fact, he couldn't be restrained from saying something like that about a person who ISN'T a provider.  He could be sued for defamation in such a case, but defamation has to involve false statements and if what he says is true you can't get him this way.

If you do decide you want a restraining order, be sure to get a lawyer who knows both civil and criminal law.  If you aren't careful, what you say in the restrtaining order case could lead to criminal charges against you.  That isn't likely since courts and police are more eager to go after stalkers and will look the other way in most situations like this one.  But if you are later arrested in a different case, the prosecutor will find out about the restraining order, will read what you said, and will use it against you.

I had a case with similar facts.  Before it came to me, the provider had taken the stalker to court but with unatisfactory results I think because of her business which the stalker told the court.  I think the way to stop this is to secure clear evidence of identity theft and mis-use.  One then has someting with which to lever the stalker and with which to back it up if he doesn't agree to cease and desist.

Nonetheless, the stalker can inflict an immense amount of pain and embarassment on the provider.  And, securing the evidence frequently is costly (starting retainer +/- $2,500) as well as time-consuming, involving subpoenas and the like.  In order to use the subpena power of the attorney, one must have a case filed as well.  So, it's a catch-22 type problem not easy for the lay person to sort out and not a sure thing for any lawyer as these stalkers are frequently clever buggers.  They are nuts, after all.

NOTE: if there is any theat of physical danger, be careful, at the very least get an attorney.

Dr. OBGYN12699 reads

Report the situation to the police.  I don’t know where you are located, but California has anti-stalking laws that are vigorously enforced.

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