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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Is it legal spouse to read your text messages JA: The

Customer Question

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
Expert:  Leon replied 1 year ago.
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?
Customer: replied 1 year ago.
No, I am just seeking advice on what her options are
Customer: replied 1 year ago.
Is there any legal course of action she take to get her phone back?
Expert:  Leon 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.