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Is it legal spouse to read your text messages JA: The

Customer Question
Is it legal for your...
Is it legal for your spouse to read your text messages
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, my daughter's husband has confiscated her phone and is reading every message stored on it
JA: Please tell me everything you can about this issue so the Criminal Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: Her husband is determined she has cheated on him which she has not. He is systematically isolating her from all her friends and basically emotionally abusing her and constantly accusing her of infidelity. They are living apart at the moment (for the last 10 weeks). He took her phone on Saturday and won't give it back looking for anything that he constitution cheating. There isn't anything there, she has not been unfaithful at all. He has engaged in drugs which she will not tolerate under any circumstances and has asked him to seek immediate help and the right to have him drug tested randomly. He won't agree but has embarked on this mission to find anything he considers infidelity in retaliation.
JA: OK. The Criminal Lawyer will need to help you with this. Is there anything else the Criminal Lawyer should be aware of?
Customer: No, I am afraid he has lost the plot and his jealousy has become dangerous. Im fearing for her safety. She has 2 young children, not his. The environment is not healthy for any of them
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.Category: Australia Law
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Answered in 11 minutes by:
5/23/2016
Solicitor: Leon, Solicitor replied 1 year ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,461
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.It is not his phone and he has no right to take it. The police though will not take action. But it is a criminal offence. Has she contacted the police?
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Customer reply replied 1 year ago
No, I am just seeking advice on what her options are
Customer reply replied 1 year ago
Is there any legal course of action she take to get her phone back?
Solicitor: Leon, Solicitor replied 1 year ago
Good AfternoonShe can request the phone back and if he wont give it to her then it is theft as it is hers and it is a criminal offence. The question is with the police. if they do their job they can charge him but if they choose o not assist saying it is a family law matter they will not act.
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Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
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Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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