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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26753
Experience:  Active member of the NYS bar since 1989
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What is considered invasion of privacy? I have evidence of

Customer Question

What is considered invasion of privacy? I have evidence of my boyfriend cheating on me but it is thru his text messages.
Submitted: 2 years ago.
Category: Legal
Expert:  titus2381 replied 2 years ago.
*This website DOES NOT constitute treatment and only provides information and advice. For treatment (therapy and/or medications) you must go to a licensed professional in your area.
Hello, I believe I may be able to help you with your concern. I am assuming by your question that you looked through his phone and text messages, would this be correct? Did you have any reason or suspicion to look through his text messages beforehand?
Customer: replied 2 years ago.
He has a history of cheating and flirting. I am considering breaking up, but the thing is we have 2 kids together, and he has been constantly threaten to leave us over another woman if I do not consent to him seeing other women. At this point I find it an unreasonable living situation for me and the kids, but I do not know if his phone calls and text messages constitute as reasonable proof of his affairs nor do I know if I would end up being sued for invasion of privacy even tho he has given me the passwords to his stuffs all these times
Expert:  titus2381 replied 2 years ago.
I highly doubt that you would be sued for invasion of privacy in a relationship matter as most privacy laws are focused on the government, commercial information, medical information, etc...Privacy laws are not focused on the "snooping" of a couple. But it sounds like you are looking for a legal definition of invasion of privacy, so would you like me to categorize this question to the legal category instead of the relationship category?
Customer: replied 2 years ago.
That would be fine. I would just like to clarify what the distinction is and whether or not it would be ok or not for me to use his messages as evidence
Expert:  titus2381 replied 2 years ago.
No problem I will ask your question to be moved as soon as possible
Expert:  Zoey, JD replied 2 years ago.
My name is ***** ***** I will assist you with this question.
How were you able to obtain his text messages? Did you have permission to use his password, access his texts and print them up?
When you say you have evidence of his cheating, what is it you want this evidence for? That is, are you expecting to use it in a court procedure, or are you only planning to use it as ammunition to confront him for cheating on you?
Customer: replied 2 years ago.
Well he gave me permission to go through his stuffs, hence why i have access to almost all of his stuffs. It was a trust between the two of us that we weren't doing anything wrong, and well he eventually broke the trust by speaking to multiple women and having a thing going on with them. I was just curious if it is considered an invasion of privacy if I were to ever try using it in a court hearing over something such as child custody.
Expert:  Zoey, JD replied 2 years ago.
If he gave you his password ***** permission to access his texts and you did so, then it would not be a criminal offense. The texts would be potentially admissible in court, subject, of course, to the rules of evidence.
I would expect, however, that in court he would deny that he ever gave you the right to to access his account and read his correspondence. Which one of you the judge believes would be something I cannot predict. A family court judge would not punish you for an invasion of privacy. He would simply not allow illegally obtained evidence to be admitted in court. If he felt a crime had been committed, however, he could refer the matter to the District ATtorney's Office.