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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34988
Experience:  16 yrs. of experience including family law.
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In October, i found out my husband has been having an affair

Customer Question

In October, i found out my husband has been having an affair for the past 5 years. I found this out by accident when I went on Amazon to purchase something and it automatically listed his purchase history. We have always had separate bank accounts because he had "Trust issues". I was able to access his checking and VISA account. I also ran a credit check which revealed personal loans which I never knew about. Yesterday, he told me that his attorney wanted to file criminal charges against me for accessing his account and for running the credit check. Since all assets and debts are community property in California law how can my actions be illegal?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.
I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if you can be prosecuted, in CA, for accessing your spouse's account without his permission?

Customer: replied 1 year ago.
for locking him out of the house.
Expert:  P. Simmons replied 1 year ago.

Thanks

Locking him out of the house is not a crime

But accessing his account without his permission?

That is a crime under CA law. You could be prosecuted.

Now...the police have discretion. What you are describing does not sound serious...sounds like something that should be resolved in civil court. So it would not surprise me to learn that the lawyer requested you be prosecuted and the police refuse to take the case.

But to answer the question, is it possible (that you be prosecuted)?

The answer is yes.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that it is not a crime to access your spouses account without permission, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 1 year ago.

Hi

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit

Thanks for your understanding

Phil