How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26787
Experience:  Began practicing law in 1992
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

Reside in Ohio and am currently in process of getting divorced

Customer Question

Reside in Ohio and am currently in process of getting divorced for the reason of incompatability. My wife hacked into my email 2 years ago and obtained some pictures of a girlfriend of mine that were taken 3 years ago, none of the pictures have the girlfriends face on them but since they came from her phone, my ex wife is assuming that it is her. Some of the pictures were taken at the girlfriends place of work, only obvious because of the office setting (tables and chairs). Now my ex wife has called girlfriends place of employment threatening her job to the HR Dept and menacing. Is there anything I can or the girlfriend do? Let me reiterate that the grounds for divorce that I filed was incompatible.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer and requesting me. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Your girlfriend could petition a court for an injunction against her and/or have her lawyer send the "soon to be ex" a cease and desist letter.

JD 1992 :

You could try for an injunction through the divorce but most judges don't want to start litigating the "wife arguing with girlfriend issues".

Customer :

My girlfriend doesn't have an attorney, I do, the one that is filing for divorce. Would I be able to ask my attorney to produce the cease and desist letter against my ex wife?

JD 1992 :

You could. Some attorneys will say you have to get a separate lawyer if an injunction is required but some won't. A cease and desist letter shouldn't be a big issue though.

Customer :

As for her hacking into my email, there isn't anything I can do about that, is there. At the time we were married, but what gets me is that my wife at that time knew about this pictures all this time, and until I filed for divorce, is when the threats began for my girlfriend and her job. The company she works for realizes that my soon to be ex is crazy judging my the conversation they had. However, my girlfriend is afraid that she will still mail the pictures to Corporate even though they had told her not to.

JD 1992 :

You could report it to the police but I have only heard of one DA trying to prosecute a case like this (I think it was up in Michigan) and I heard it got dismissed by the judge. The laws just don't fit this kind of thing yet,they are designed for when someone hacks and steals money or uses the info to steal. You could certainly ask for an injunction in your case and gear it toward hacking into your info and then as an afterthought don't distribute anything you've already gotten off of there. Done correctly that changes it from a "ex v girlfriend" thing to a "stop this" thing in the judge's eyes.

Customer :

Ok, my soon to be ex threated to sue Corporate for the pictures she has, is that possible? I doubt that she can sue because she has no money and her attorneys dropped her due to contempt in court and not paying. Concerned that it is a possibility.

JD 1992 :

Anybody can sue anybody for anything but I see absolutely zero chance of her winning a case or even getting past a Motion to Dismiss for this. There used to be a law called "alienation of affection" that spouses could use to sue boyfriends and girlfriends in a break up and, theoretically, it could have been extended to a company in a certain set of facts but that law was done away with in 47 of the states (including Ohio) because it's a dumb law and doesn't fit with the concept of no fault divorce.

Customer :

This is definitely a vendetta case. Like I said, she held on to these pictures for over 2 years but until I filed, they surfaced. Just to clarify a cease and desist letter is different than if my girlfriend approached the court for an anti-stalking, or menacing order?

JD 1992 :

Yes. A case and desist letter is just that, a letter from a lawyer. It tells the ex to stop doing something or he will file against her with the judge. The other things you mention are actual orders from a judge.

Customer :

Thank you for clarifying. Would the cease and desist letter be applicable if the ex decides to move out of state? She is the process of being evicted and we are thinking she will move back to Florida.

JD 1992 :

Yes. It is really just a threat and is used to get the judge to award damages and attorney's fees if she doesn't obey. The lawyer can say "we tried to do this the easy way".

Customer :

Thanks for your help...much appreciated.

JD 1992 :

You're very welcome. Anything else I can assist with before I exit to help others?

JD 1992 :

Please don't forget to leave a Positive Rating so I get credit for my work and best wishes to you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.