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What type of lawyer do I need if I am the victim of cyber…

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What type of lawyer do I need if I am the victim of cyber stalking/harassment by my soon to be ex husband?
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5/16/2018
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 968
Experience: Attorney/Member in Private Law Firm
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Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Please allow me a moment to review your information.

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Customer reply replied 3 months ago
Thank you, ***** ***** additional detail in case you need it:I am in the process of divorce and my soon to be ex-husband has been internet stalking me for the last 7 months. He has a programming background and has been tracking my whereabouts, accessed social media accounts and reverse dialed phone numbers by reviewing my cell phone bills. The last week inJanuary he discovered some very personal information that I never would have shared with anyone. I have been experiencing extreme distress since this time. I have been in therapy, been put on multiple medications for anxiety and depression and my life is spiraling. I am terrified he will share this information and it would be would be devastating. I have been a victim of domestic violence in the past, and these stalking incidents have triggered fear. Can he get in trouble for what he has done? He did not have my consent to access any of the information. Would I need to go to the police department and file a report? Is that the first step?

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Ohio has a law known a Menacing by Stalking that covers cyber stalking.

I mention this as what you address falls into the category of what you address in that it could cause mental distress. This is a criminal violation and for this to be initiated in the legal system, it would start with a complaint being made to the police who would then investigate and potentially charge your soon to be ex-husband with the appropriate level of this crime. (I say potentially as I never guarantee any particular conduct by police.)

Now, on top of this, an attorney in the area of family law would be able to assist you in obtaining a restraining order from the family court that would be designed from prohibiting your soon to be ex-husband from engaging in this conduct in the future. If he was to violate the restraining order, that could be used as evidence of another criminal act and if an alleged act took place while there was a restraining order, that could result in a separate more serious charge.

Finally, as the information that he obtained perhaps may be covered by HIPAA, could result in potential civil penalties and also you if you could show damage, there may be a potential civil action against him for violating HIPAA and also for the cyber stalking as a whole. This would be a matter for a Plaintiff's attorney.

I address three different types of attorney that you could have assist you with these matters. The main reason for this is to underscore the outrageous behavior exhibited by your soon to be ex-husband and to show that he has given you multiple avenues for reproach as to answer what he has done.

The likely first step is a report to the police, but, as set out above, you have different options in different areas of the law.

Please let me know if you have any further questions or if there are more questions based on what I have provided.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 3 months ago
Thank you very much, this is extremely helpful. You reference 3 types of attorneys but only see Family Law and Plantiff's attorney. There is already a restraining order in place by just since this past Monday. What would fall into the category of HIPPA violation? Her did reverse dial a medical facility to find out where I was being seen. He did not talk to anyone but based on the type of facility it was, he knew why I was going there.

The first would be the police. If they initiate the process the attorney involved there would be a prosecutor. You would not need to hire or retain that attorney as they work for the state, but by seeing the police, you would indirectly be initiating that process.

If there is a restraint in place, that could increase the severity of the cyberstalking under Ohio law. As to the HIPAA, that is so restrictive, I always mention it as a potential violation.

Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 968
Experience: Attorney/Member in Private Law Firm
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Customer reply replied 3 months ago
Thank you

You are welcome!

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