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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27186
Experience:  Attorney with experience in family law.
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My soon to be ex wife hacked my Facebook and posted a

Customer Question

My soon to be ex wife hacked my Facebook and posted a picture of our kid with bruises on his ass, stating as me "that I was proud of it" and tagged other members. ..all this happened while i was asleep in bed at 2202hrs at 2238hrs it showed that someone logged into my Facebook over 30 minutes away In a nearby town where she was known to be staying, later police knock on my accusing me of domestic abuse and that she was pressing charges (non have been filed that i know of), isnt this a violation of my 5th amendment rights and slander since I do have the proof? I'd like to sue...
Submitted: 5 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 5 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

What your wife did was slander, malicious prosecution, filing a false police report and hacking, all of which are illegal. The first two are civil offenses, although you can only sue for malicious prosecution after any charges against you are dropped (or not filed). You may also have a claim for intentional infliction of emotional distress if this is part of an ongoing pattern of behavior. Filing a false report and hacking are crimes. If she actually put the bruises ON your child, then that's child abuse, and you can file a police report for all of that.

The Fifth Amendment says that a person cannot be compelled to testify against himself by police or a court of law. If police asked you questions without informing you of the right to remain silent first, that's a violation. But your ex-wife can't violate your Fifth Amendment rights if she's not in law enforcement. It would all fall under defamation of character and intentional infliction of emotional distress, both of which carry punitive damages. Malicious prosecution also carries punitive damages.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Thank you.