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I was wiretaped by my husband during our marriage and discovered it while going through my divorce. What are the penalties? Both Federal and State, I live in Ohio.I also discovered that while I was in divorce he came into my locked living space and placed a device on my computer and retrieved my email and passwords without my permission. I had not ever given him my email during the previous year. I set it up because he had been violating my privacy from another computer. He had his own computer in his office and this was my computer in my room.
Optional Information: State/Country relating to Question: Ohio Already Tried: my attorney and they are allowing my husband to control the divorce. He has a personality disorder and thinks he's in control because I will need alimony and child support.
Good Evening,
Q. Q. Was the telephone and your computer located in the marital residence ?
Yes. However, the phone calls, were me with others that were helping me to see an attorney. Neither of us were aware.The computer was in my bedroom which is where I was living alone. This is and was considered my computer. He has and has always had his own computer. My computer was locked with a password XXXXX well. He did not have access to getting on the computer in my bedroom. My husband was residing in another room for at least 8 mos. He did and still does not want a divorce because of "his" money.
I am sorry that I cannot give you the answer you were hoping for and I wish I could give you a different answer; however, the law is what it is and does not always give us equitable results. Both the telephone and computer were in the marital residence, you are both considered husband and wife in the eyes of the law, and both of you reside in the marital residence. As such, each has a right to use and to have access to everything in the marital residence. He should not have touched your things out of respect, however, there is nothing in the law that would prohibit a husband from doing what he did.
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ANDREA, JD, LLM
MEMBER, NY & PA BAR
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Disclaimer: No attorney-client relationship results from this communication; the Expert answering your question is a U.S. Attorney and is not certified in the laws of other countries; the laws of the U.S. may differ substantially with those of other countries and customer is encouraged to seek local counsel to determine and protect their rights under local law
Well, the law actually does state that 1 party must be aware that they are being taped. If it was my minister and I, and my understanding is that he is commiting wire tap fraud both state and federal.I understand that what he did is illegal.I was wondering what the penalties are and how long the statute for filing is a case against him or by the prosecutor is.
I'm sorry I can't give you the answer you want, so I will opt out and you can ask your question of another expert who will tell uoi the same thing.
Relist: Inaccurate answer.
Here are the laws you are asking about...
Ohio's wiretapping law...
http://codes.ohio.gov/orc/2933.52
A class 4 felony in Ohio carries anywhere from 6 to 18 months (probation or jail) and up to a $5000 fine.
Federal wiretapping law...
http://www.law.cornell.edu/uscode/18/usc_sec_18_00002511----000-.html
As you can see the federal sentence is up to 5 years plus fines.
Realistically speaking it will be virtually impossible to interest the federal authorities in this matter, however I agree that there is no marital exclusion to the wiretapping crimes involved here. Do be careful not to threaten criminal prosecution in an effort to settle your divorce since it could constitute a crime (compounding a felony). Your attorney should know how to handle this issue delicately.
You may simply need to report the crimes and let the chips fall where they may.
Please reply if I can help further.
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how about civil prosecution
That is a possibility. My focus on your question was on the criminal aspects and now we are delving into the personal injury area. While his violations seem quite clear I do wonder about potential damage calculation. Remember that civil lawsuits are normally not designed to punish wrongdoers (except in the case of punitive damages). Absent punitive damages you would have to show actual loss as a result of his tortious conduct (a tort is a civil wrong). Speak with your lawyer about this as well... perhaps a lawsuit for these wiretapping violations are just what the doctor ordered. It is just hard for me to speculate given the fact that I know so little about your divorce action, financial position, and damages.
What is the statute of limitations for filing? State, Federal, Civil?
The civil case would be filed in your local state court in Ohio. The general statute of limitations for intentional torts in Ohio is one year. However, you need to confirm this with your lawyer.
Experience: Over 11 years of practice in litigation including 10 years as a state prosecutor