Q. Q. Was the telephone and your computer located in the marital residence ?
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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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
Here are the laws you are asking about...
Ohio's wiretapping law...
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...
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.
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.
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.
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