I sent personal text messages to someone. Unbeknownst to me, the text messages were sent to another persons phone via a "google voice" program. The messages were then used as part of a custody battle. I am outraged. Is this a criminal or civil violation?
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.To be clear, you sent the message to someone, and then that person forwarded those messages to someone else via Google Voice?
No. The person I was exchanging text messages did not know the "google voice" program was on their phone--or that the text messages would all be forwarded to another person's phone.
So, someone accessed their phone and did this.That is criminal in practically every state. If you tell me your state, I will be able to provide you with the reference to the statute that was violated.
I live in Minnesota. The person I exchanged messages with lives in Nebraska.
From a criminal perspective, since this is over state lines, you should contact the Department of Justice's Internet Crime Center's website and make a complaint. Their website is www.ic3.gov. You would also have a civil claim for invasion of privacy under Minnesota law. Since the effects of the person's actions were felt in Minnesota, jurisdiction there would be proper.Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have. I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces. If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you. Thank you, Nate
Can I do both?
You can certainly do both. From here it's difficult to determine what the damages would be. That depends on what you can prove, how egregious the conduct was, for what reason(s) it occurred, as well as the judge and the kind of juries you have in your area. There are just too many factors to make an estimate on that. An attorney in your area would be able to give you a more reliable ballpark. If you have further questions, please feel free to continue. If not, please do remember to leave a positive rating for my assistance today.Thanks!Nate
Two people were in a relationship. They split. There is a child involved. There was a joint phone plan, but separate numbers through Sprint. The text data was collected methodically and systematically from January until May. The data was then edited by the person and submitted as part of discovery in the child custody case.
If there was a scheme like that, then that certainly would add to the damages in an invasion of privacy suit.
The web address you provided for DOJ's website didn't work.
I would say both do. It worked just nowhttp://www.ic3.gov/
It is certainly both, in my view. Please do remember to rate me positively so that I get credit for assisting you.Thanks!Nate
Over 8 years of legal practice.
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