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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116817
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Second opinion] - lawyer, In new york state law. Can my

Customer Question

Second opinion] - Hi lawyer,In new york state law. Can my husband legal to check my locked cellphone? My cellphone recently had been locked with passward and i don't know how he found my picture of food and now he said he will bring to court and tell judge i am cheating wife.1. I locked my cellphone , how he hack my passward and get my picture? can i sue him?
2. The food picture without any human, can it be proof of evidence cheating wife? because i told him i was shopping whole day and didnt mention dinner to him.Pls adviseI will be very appreciatedThanks
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unauthorized access to a cell phone is the same as computer hacking and it is unlawful. So if he did not have your password ***** permission to unlock your phone, his access was unauthorized and hacking. That would be the basis to seek to have any such evidence he obtained quashed (not allowed in court).
A picture of food proves NOTHING, that is silly on his part to think it proves anything. It does not even prove you ate the food. So what you stopped for dinner after shopping all day, that absolutely does not prove adultery under any legal standards in any court. Even if there was a picture of you with another man eating with you, that does not prove adultery, it proves you ate dinner with someone and that is not adultery. Adultery is engaging in sexual relations with someone other than your spouse, so what in a food picture proves that? Nothing.
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