Actress Mischa Barton testified Friday that a former boyfriend previously ordered by a court commissioner to stay away from her has recently been seen by others in her neighborhood and has been sending her text messages.
“I definitely feel he has been stalking me,” Barton said of Adam Spaw. “I find that kind of scary.”
Barton said that in an incident after their breakup, Spaw grabbed her by one of her arms and pulled on her as she tried to get into her car. She said his size, 6 feet, 4 inches, is intimidating to her.
“I look over my shoulder all the time,” said the 31-year-old actress best known for appearing on “The O.C.” television series that aired on Fox from 2003 to 2007.
Los Angeles Superior Court Commissioner James Blancarte did not rule Friday on Barton’s request for a permanent restraining order against 39-year-old Spaw, but he did keep the current orders in place pending a July 21 hearing in which Spaw will have a chance to give his side of the story.
Spaw’s lawyer, David Lawrence, said his client was in Cincinnati, where his mother was having unspecified surgery.
After Barton was sworn in, Blancarte had her testify from the counsel table rather than the witness stand as is customary.
In March, Commissioner Laura Hymowitz granted the actress temporary restraining orders against Spaw and 30-year-old Jon Zacharias. The petitions both dealt with her effort to stop the potential sale of a sex tape made against her will in a so-called “revenge porn” case.
Hymowitz’s orders directed the men to stay at least 100 yards from Barton, her home, her workplace, her car and even her dogs. They also cannot sell or distribute the naked images or show them to anyone else.
On June 5, Barton reached an agreement with Zacharias in which he agreed not to sell or distribute the sex tape. Barton’s petition states that Zacharias recorded the former couple having sex and also took photos of her while she was nude, all without her knowledge.
She alleged he was trying to sell the tapes for $500,000.
She says in a sworn statement that after she broke up with Zacharias, he began dating Spaw. She said Spaw appeared to want to help her delete the objectionable photos from Zacharias’ computer, but he later also tried to take advantage of her and forged her signature on some checks.
Barton says both men are in need of money and that either of them may be wanting to sell the photos.
But Lawrence said Spaw has no intention of selling the tapes and that his client deserves the chance to have his day in court.
“Mr. Spaw did everything he could to stop Mr. Zacharias from distributing those videotapes,” Lawrence said.
— City News Service