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I'm going to answer your questions in the order that you asked them.
Aside from court order now and how would you address the court order?
I'm not sure what you mean by this. It doesn't make any sense. Can you rephrase?
will that be difficult?
I can't answer this until you rephrase the first one.
will i need forensic experts for testimony?
You will need an expert to testify regarding what they discover about the IP and who owns it and testify as to your email being accessed from that IP, etc.
would this fall under civil or criminal etc?
It could fall under both, although the police aren't as active in prosecuting these as they should be. Generally to get them interested in prosecuting a criminal case you have to prove that the person accessed your email to obtain something of value, usually money.
how do i proceed what tools what area would you suggest we pursue a course of action is it cyber stalking what category would be most successful trespassing etc is it worth pursuing?
Hire a lawyer and let them hire the experts. You have a variety of causes of action including trespassing, conversion (civil form of theft
), violation of the non-compete, breach of contract, and likely others that will be developed through a more thorough study of the facts.
As far as whether it is worth pursuing that is always a judgment call on your part. I think it is likely that the judge would grant an injunction to prevent him from working in that field, contacting clients, etc. and would award the attorney's fees against him as well as other possible damages.