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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33370
Experience:  Began practicing law in 1992
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Reside in Ohio and am currently in process of getting divorced

Customer Question

Reside in Ohio and am currently in process of getting divorced for the reason of incompatability. My wife hacked into my email 2 years ago and obtained some pictures of a girlfriend of mine that were taken 3 years ago, none of the pictures have the girlfriends face on them but since they came from her phone, my ex wife is assuming that it is her. Some of the pictures were taken at the girlfriends place of work, only obvious because of the office setting (tables and chairs). Now my ex wife has called girlfriends place of employment threatening her job to the HR Dept and menacing. Is there anything I can or the girlfriend do? Let me reiterate that the grounds for divorce that I filed was incompatible.
Submitted: 4 years ago.
Category: Legal
Expert:  Dwayne B. replied 4 years ago.

JD 1992 :

Hello and thank you for contacting Just Answer and requesting me. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Your girlfriend could petition a court for an injunction against her and/or have her lawyer send the "soon to be ex" a cease and desist letter.

JD 1992 :

You could try for an injunction through the divorce but most judges don't want to start litigating the "wife arguing with girlfriend issues".

Customer :

My girlfriend doesn't have an attorney, I do, the one that is filing for divorce. Would I be able to ask my attorney to produce the cease and desist letter against my ex wife?

JD 1992 :

You could. Some attorneys will say you have to get a separate lawyer if an injunction is required but some won't. A cease and desist letter shouldn't be a big issue though.

Customer :

As for her hacking into my email, there isn't anything I can do about that, is there. At the time we were married, but what gets me is that my wife at that time knew about this pictures all this time, and until I filed for divorce, is when the threats began for my girlfriend and her job. The company she works for realizes that my soon to be ex is crazy judging my the conversation they had. However, my girlfriend is afraid that she will still mail the pictures to Corporate even though they had told her not to.

JD 1992 :

You could report it to the police but I have only heard of one DA trying to prosecute a case like this (I think it was up in Michigan) and I heard it got dismissed by the judge. The laws just don't fit this kind of thing yet,they are designed for when someone hacks and steals money or uses the info to steal. You could certainly ask for an injunction in your case and gear it toward hacking into your info and then as an afterthought don't distribute anything you've already gotten off of there. Done correctly that changes it from a "ex v girlfriend" thing to a "stop this" thing in the judge's eyes.

Customer :

Ok, my soon to be ex threated to sue Corporate for the pictures she has, is that possible? I doubt that she can sue because she has no money and her attorneys dropped her due to contempt in court and not paying. Concerned that it is a possibility.

JD 1992 :

Anybody can sue anybody for anything but I see absolutely zero chance of her winning a case or even getting past a Motion to Dismiss for this. There used to be a law called "alienation of affection" that spouses could use to sue boyfriends and girlfriends in a break up and, theoretically, it could have been extended to a company in a certain set of facts but that law was done away with in 47 of the states (including Ohio) because it's a dumb law and doesn't fit with the concept of no fault divorce.

Customer :

This is definitely a vendetta case. Like I said, she held on to these pictures for over 2 years but until I filed, they surfaced. Just to clarify a cease and desist letter is different than if my girlfriend approached the court for an anti-stalking, or menacing order?

JD 1992 :

Yes. A case and desist letter is just that, a letter from a lawyer. It tells the ex to stop doing something or he will file against her with the judge. The other things you mention are actual orders from a judge.

Customer :

Thank you for clarifying. Would the cease and desist letter be applicable if the ex decides to move out of state? She is the process of being evicted and we are thinking she will move back to Florida.

JD 1992 :

Yes. It is really just a threat and is used to get the judge to award damages and attorney's fees if she doesn't obey. The lawyer can say "we tried to do this the easy way".

Customer :

Thanks for your help...much appreciated.

JD 1992 :

You're very welcome. Anything else I can assist with before I exit to help others?

JD 1992 :

Please don't forget to leave a Positive Rating so I get credit for my work and best wishes to you.