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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I have a difficult question

Customer Question

Hello...I have a difficult question
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
Thank you for using our forum. My name is ***** ***** can I assist you today?
Customer: replied 1 year ago.
I have just moved out if my house. I am separating from my wife and about to get a divorce. She installed some application in my phone and was tracking my location. Then tonight, she remotely erased my iPhone data which had a lot of work information that may cost me money and foremost, data which I was going to use against her in court for the inevitable custody battle which she has proclaimed. Has she commuted a crime, done something illegal? If she has, how can I prove it?
Customer: replied 1 year ago.
Can you give me a quick response to know if you're still there and working on an answer please?
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, I am sorry to learn of this situation. These matters get very complicated very quickly. There are Federal (and some state) laws that prohibit this kind of electronic surveillance/tampering but in the divorce/dissolution context the way in which this plays out is usually in the form of evidentiary sanctions (whether or not information is permitted into evidence, or whether certain facts are deemed admitted).See generally: http://media.straffordpub.com/products/electronic-spying-and-tracking-spouses-in-divorce-cases-whats-legal-in-the-digital-world-2014-08-20/presentation.pdf (please forgive the format, it is in the form of a powerpoint for a CLE provided for continuing legal education, but it gives a very concise statement of the law as it applies to this somewhat complex area and the specifics of divorce proceedings).Your best course of action at this point is to hire legal counsel right away (having a lawyer on your side does not give you any additional rights, but it does ensure that you maximize your use of those rights, and it can help you enhance your negotiation leverage in any mediation or direct negotiation with the other party).You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).
Customer: replied 1 year ago.
Thank you Bill. I am not entirely satisfied with the the resolution of information here so I will not be paying the additional amount, but I will seek legal help here.Thank you
Expert:  CalAttorney2 replied 1 year ago.
I am sorry you are not entirely satisfied (we do want you to have a satisfactory experience here), unfortunately the parameters of the forum can be frustrating - we can provide general legal information, but we cannot substitute for local legal counsel (you need a local attorney to give you strategy advice and counsel). Unfortunately, as noted above, in divorce proceedings, these matters are almost always dealt with in evidentiary proceedings (as opposed to criminal ones). That doesn't mean that criminal charges are never pressed, but please consider them only as part of a larger ("global") strategy when dealing with your dissolution proceeding (again with the advice and counsel of your local attorney). Obviously making a criminal report against a spouse can have significant repercussions in subsequent settlement discussions (family law has many, many, settlement discussions) and you are not guaranteed that there will be any conviction following such a report (so while I am not telling you never to make a report, I am saying to do so only as part of a considered plan, and would only recommend doing so with counsel).I am also trying to tell you that your spouse's actions are not without consequence, tampering with, and surveilling your phone will result in negative repercussions against her during the divorce proceedings themselves (hampering her ability to prosecute her position against you, and consequently to defend against yours). While not a tech expert, in my experience with electronic discovery, it is very rare that electronic data is ever truly erased. A computer tech can generally recover lost data (you will have to pay for this type of service, but they can usually recover data that has been "deleted").