What are my rights if my ex has posted nude pictures of me on the Internet after being told he did not have my permission to do so?

This was the second I have told him to remove these types of pictures. When I asked him this time to remove the pictures he became hateful and posted comments about him being able to post the pictures anytime and anywhere he wants. He even stated he could post them to Facebook and send them to the business where I work. My question is, Is there any type of legal action I can take to make sure he does not continue to sneak these pictures onto the Internet?

Asked on October 4, 2013 under Personal Injury, Kansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue your ex for invasion of privacy.  Invasion of privacy is the serious interference with your right to be let alone and protected from unwarranted and undesired intrusions or publicity concerning matters of a private nature.

Your damages (the amount of compensation you are seeking in your lawsuit for invasion of privacy) would include compensation for mental distress, physical illness, harm to social or business interests.  General damages are also recoverable.  You can also seek punitive damages (a substantial amount to punish your ex for his intentional, malicious, wrongful actions).

Since posting the photos is ongoing, damages may be an inadequate remedy since it would result in multiple lawsuits.  An alternative remedy when damages are inadequate is an injunction (court order to stop posting the photos).  A court may issue a temporary restraining order to stop posting the nude photos until a preliminary hearing at which time a preliminary injunction may be issued which would be in effect until trial when the court can grant a permanent injunction. 

Apart from the civil case (lawsuit) discussed above, you may want to pursue criminal charges against your ex for posting the photos.  Some states now regard posting nude photos as revenge porn subject to criminal prosecution.  Check with your district attorney to see if this is applicable in your state.


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