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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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my ex-husband opened an online acct for my cell phone. The

Resolved Question:

my ex-husband opened an online acct for my cell phone. The phone company said they show his cell phone was the number it was done from. What can I do legally?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. Can you clarify a few things for me?

1. What kind of account did he open?

2. How long ago did he open it (i.e., was it while you were still married)?

3. Did he have your permission to use your phone?

4. If not, do you have any idea how he got a hold of your phone to use it this way?

5. What are the results you are looking for?

Thanks,
ZDN
Customer: replied 1 year ago.


1. an online acct to view calls & texts


2. last week, have been divorced over a year


3.absoluetly not


4.yes, he has number to talk to our kids


5.what i can do legally? It is identity theft & i wanted to know if I can have him arrested & charged. Would he spend any time in jail?


 


Thank you

Expert:  Zachary replied 1 year ago.
I'm going to opt out and allow one of our criminal law experts to answer this question.
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Just to be clear, this account he opened allows him to invade your privacy and monitor your calls and text?
Customer: replied 1 year ago.


Good morning. Yes that is correct and AT&T confirmed the call came from his cell phone to set up the online account in my name.

Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. Based upon what you stated above, it certainly sounds as though there was an invasion of privacy and the actions of your ex husband may be illegal and criminal in nature. You should obtain something from AT&T to confirm the number which this came from and who did it and then could proceed to your local police station to file a report and him his actions investigated. If there is evidence of a crime, they will arrest and charge him. If charges, this is a non-violent crime, so I doubt the State would seek any jail time but a probationary sentence could certainly be imposed. Moreover, he would be ordered to pay any restitution, for any damages which you suffered directly related to this. Based upon what you described above, he did not have a legal right to do this, so the police would certainly need to investigate this account he set up and how he did it. If he used your personal information, which he should have not done, there would be further evidence to support a charge.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.


Thank you. What are the odds of a small town police department getting involved in this? They won't even prosecute a restraining order. the police know him. Is there another agency I can call?

Expert:  LegalKnowledge replied 1 year ago.
It is certainly at their discretion, since it is a crime against the State and you are the victim, with them acting on your behalf. If the police will not get involved, you should try and contract the prosecutors office and see if they would direct file the charge against him. Moreover, contact AT & T and speak with them about getting this removed.
Customer: replied 1 year ago.


Thank you for everything. You really helped me! Have a great day.



 


 


 


Janette

Expert:  LegalKnowledge replied 1 year ago.
You are welcome. If you have not already, please remember to rate my help with 3, 4 or 5 faces, so I can get credit for my answer. Thank you.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16393
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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