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Category: Criminal Law
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Experience:  licensed attorney in criminjal law for 30 years
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My husband recently hacked into my cell phone (figured out

Customer Question

My husband recently hacked into my cell phone (figured out my password)and read text messages between me and a guy friend. He took pics of the text message screen and is now blackmailing me, saying he will tell our kids about what he now knows unless I end a certain relationship and stay with him. I also found spyware on my computer that I believe he put there...Is this blackmail? Is there any way to prove it? Can I call the cops?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  RayAnswers replied 6 years ago.
Thanks for your question.This is invasion of your privacy.You may have a civil suit here for all of this to seek damages here in this matter. Unless he is seeking to extract cash here it likely isn't criminal.But certainly you have right to obtain lawyer and file suit.This is intentional violation of your privacy and recoverable for all of your harm.

Lawyer to sue him

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Edited by RayAnswers on 8/20/2010 at 1:50 AM EST
Customer: replied 6 years ago.
But how would I prove it?
Expert:  RayAnswers replied 6 years ago.
The spy ware is still on your pc.Your testimony here about your phone.See if you can get some e-mails here or even tape of him admitting to it.
Customer: replied 6 years ago.
No, the spyware was removed. I ran an anti-spyware program, which found it, and I had it removed.
Expert:  RayAnswers replied 6 years ago.
Then unless you can obtain evidence here you are at a dead end.Don't give in to this guy.California is a no fault divorce.If adultery is involved it isn't that big a factor anymore in your state.
Customer: replied 6 years ago.
No...but destroying my kids perception of me based on "evidence" he has is a big deal.

So, I'm screwed unless I can find proof of what he's doing?
Expert:  RayAnswers replied 6 years ago.
As far as suing him here.Honestly if he tells the kids they will have to get over it.Give your kids some credit here you aren't perfect and neither are they or your ex or that matter.I think you are being too hard on yourself.If you did somethign wrong here apologize to your kids and move on.Time will heal any wounds here.
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Customer: replied 6 years ago.
Thank you for your help!
Expert:  RayAnswers replied 6 years ago.
Thanks for the chat.

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