FRO granted where Defendant posted sexually graphic text messages and images

 D.I.L. v. T.L.B. Defendant appealed the FRO entered against her and the dismissal of her cross-complaint seeking a FRO against plaintiff.  

Defendant appealed the FRO entered against her and the dismissal of her cross-complaint seeking a FRO against plaintiff. The parties had a dating relationship while plaintiff was engaged to another woman. Defendant posted sexually graphic text messages and images, sharing them with plaintiff's fiancée and several of her relatives and friends. The trial court concluded that defendant posted the messages with the purpose to harass and exert control over plaintiff or harm his relationship with his fiancée, rejecting her denials of posting the messages and images as not credible. The trial court further found that a FRO was necessary for plaintiff's protection, expressing concern over defendant's actions that included creating fake social media profiles to harass plaintiff. On appeal, the court affirmed the trial court's judgment. The court deferred to the trial court's credibility determinations that found defendant's testimony wholly incredible and concluded that defendant sought to harass plaintiff due to his relationship with his fiancée and with other women. The court further affirmed the trial court's conclusion that there was no evidence that plaintiff sought to harass defendant in return.

Daily briefing  December 08, 2022