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Category: Criminal Law
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Experience:  30 years legal experience
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Hello, My husband had been monitoring my computer for over

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Hello,

My husband had been monitoring my computer for over a year and a half, which I found out, via going to a computer forensic specialist. We were in the process of going through the family court, for child support during this time and my lawyer had requested to confiscate my ex husbands computers and phones due to the software showing that all emails about my computer were going to his business email address. All of his computers and his cell phone was confiscated, but all copies of the forensic images were deleted, (I guess they made this arrangement within the court) and the only one allowed to have the original forensic images of his computers, is his lawyer. So, his lawyer has all of this information and the court documents via the family court, state that everything could be looked at pending further order of the court. Since it was started in family court, I can't go back and open the disk, so I guess that I would have to file either a civil or criminal suit against my ex husband, for what has happened. Having this disk opened to show that he was actually looking at my computer would be essential at winning any case. Is there any way to get this done? I need to go pro se at this point, as my lawyer bills due to all of this, is to high to charge any more. Any help on how to pursue this, would be helpful. I do believe I can bring everything to the police station and have them open it and look at it, but I fear that they might not pursue this. If I go civially, I could pay to open the disk myself and then pursue legal charges afterwards, if needed. But, any help on pursuing this with the end result of having this disk getting opened, would be helpful.

Thank you,
Submitted: 3 years ago.
Category: Criminal Law
Expert:  LawTalk replied 3 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

You will want to consider filing an Invasion of Privacy suit in civil court (not family law court) and sue your ex for the wiretapping invasion.

Additionally, you might considering reporting his actions to the local Federal Attorney's office, as your husband violated federal law as well, and hopefully the feds will investigate this crime and prosecute it.

The Federal Electronic Communications Privacy Act ("ECPA") prohibits the intentional interception of any wire, oral, or electronic communication, and the unauthorized access of any wire or electronic communication while in storage.

You may sue in Federal Court for the following:

1. Damages for actual harm done plus additional punitive damages intended solely to punish him;
2. Your attorney's fees in prosecuting this case.

Additionally, if convicted criminally, he could be sentenced to up to 5 years in prison.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Doug

Customer: replied 3 years ago.
Hello,

Sorry for the follow up here, but my ex told his lawyer that I had put the software on my own computer. We were still living together (obviously) when the software was placed on my computer. I did not find out about it, until about 1 year and a half, after he had been looking at all my things on my computer. Access to my emails, sent and received and access to my bank accounts, including passwords to those accounts, as there is a keylogger program associated with this particular software.

He has said that I placed the software on my own computer, so that I could get him in trouble. So, besides the software showing the emails were going to his email address, I have no other proof, unless I open up this disk that his lawyer has, to show that he actually was able to look and see what was going on and actually looking at my computer. Is there any way to get this to be opened, prior to a civil suit?

Thanks
Expert:  LawTalk replied 3 years ago.
Good afternoon,

You will have to seek the evidence being held by the other attorney through a subpoena issued by the court in your civil case. You know the proof is there. The fact that the emails were sent to his office points to him---not you.

Get the lawsuit on file and then do the discovery---you will get that far before they will be able to file a motion for Summary Judgment.

I wish you well.

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
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