Someone threatens to show your nude pictures...what do you do?

A great question was asked about how to handle a threatening letter involving pictures. I answered the question, and thought I would share the results here. The question was:

if I find naked pictures of me in an envelope and an anonymous note threatening to show these to my boss what can I do?

Absolutely there are things that can be done. First, you have to decide if you want to take this a civil route, or a criminal route. Although it does not appear there was a demand associated with the threat, generally when you are threatened with an "impending" action, the suggestion is that there is something you can do to avoid the event (i.e. the pictures being revealed). You've heard the term "blackmail" -- well your envelope and the implicit demand are where the term "black mail" comes from.

If you pursue this criminally, you will file a police report and demand action under VA Code 18.2-372-376. I cite VA code because the individual asking the question mentioned she was in VA - obviously, each state has a similar statute or statutes. This code section deals with criminally obscene materially (in this case, an attempt to publish nude and lascivious photographs for the purpose of profit). If you pursue this under a civil action, you will seek a restraining order to prohibit any act by the wrong-doer. Once awarded a restraining order, you will then sue under violation of privacy and intentional infliction of emotional distress theories, citing to the protective order to avoid summary judgment.

Both of these actions should be taken under the guidance of an attorney. DO NOT let yourself be bullied. Give us a call and we can help. 1-800-579-9864 or admin@hanoverlawpc.com.

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com
2751 Prosperity Ave, Ste 150 Fairfax, VA 22031	Sean R. Hanover, Esq. Stephen Salwierak, Esq.
1-800-579-9864 admin@hanoverlawpc.com

Protective Order Violations -- and steps to fight back

In DC, what code controls protective orders?

Let's start with the basics. The following DC Code sections apply to your case: 16-1004, 16-1005, and 16-1006. Generally, a temporary order is given to anyone who claims abuse; a hearing will then be held to determine if the temporary order should be made permanent (CPO). Violation of a protective order results in (among other things):

Harassment and Extortion

They Took a Video of WHAT!?

What do you do if someone is threatening to do something (say, post a video) against you unless you pay them money, or give them something?

There are really three avenues here. The first is criminal law. You can swear a warrant out against the offending individual. The code section is VA Code 18.2-59 and reads in pertinent part:

"Any person who (i) threatens injury to the character, person, or property of another person, (ii) accuses him of any offense...and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person, is guilty of a Class 5 felony."

Saunter down to the local magistrate office (usually at the adult detention center, but contact the non-emergency police number, and they can provide the proper address for your locale) and bring proof of the threat.

A moment to digress here -- as this applies to both criminal and civil (below). In order to move forward, you must have some proof that the person is threatening you. Your case will fall flat if there is not some extrinsic (that means other than you) evidence to support your allegation. Did he call you? Did she text you? Is it on facebook or email? Think this through -- you will need to provide evidence of the purported wrongdoing ere the police or the Court can help you.

In this situation, the second approach is to obtain a civil injunction against the person. This essentially states that the individual is injoined (stopped) from doing some act by Court order. If they do it anyway, they will be heavily fined or even put in jail. The Virginia Code has many different section dealing with protective orders and civil injunctions. See for example, 19.2-152.9 and 10 which state in part:

The court may issue a protective order pursuant to this chapter to protect the health and safety of the petitioner and family or household members of a petitioner upon (i) the issuance of a petition or warrant for, or a conviction of, any criminal offense resulting from the commission of an act of violence, force, or threat or (ii) a hearing held pursuant to subsection D of § 19.2-152.9.

You would injoin the wrong-doer from threatening you and from posting any video or other private material.

Remember, you cannot stop someone from posting an already public video, although you can argue that that public material, purposely misused or misconstrued against you, is grounds for harassment (leading you to file a protective order).

Thirdly, if the individual actually published the offending material, and you were harmed by it, then you could also sue for slander and/or libel (essentially the same effect, just differs on how the material was published). This is a civil action (called a "tort"), and you can obtain a significant judgment if found credible by a jury.

Are you suffering from harassment, or extortion? Don't put up with it! If you are in the DC, Virginia, or Maryland areas, contact us -- we can help. 703-402-2723

Sean Hanover, Esq.
Hanover Law
www.hanoverlawpc.com
Offices in Fairfax and DC
888 16th St. NW
Washington, DC 20006