Q: My ex husband put a tracking spyware electronics. I just busted him?
My soon to be ex called a google voice number that i signed up for and left alone for 2 days. He called it teice. His lawyer produced a document i would have never sent him. I have a bunch of mean text but how do i know i wrote them. Also some very important text have been wiped from my phone and i have a court hearing surrounding them. Can my phone and computer evidence be no good for the court now?!?
A:
Under California law, it is illegal to install spyware or tracking software on someone's electronic devices without their knowledge and consent. This falls under the category of invasion of privacy and can be considered a form of stalking or harassment.
If you have evidence that your ex-husband has installed tracking spyware on your devices, you should:
1. Document the evidence: Take screenshots, save copies of the suspicious documents, and keep a record of the Google Voice calls.
2. Consult with your lawyer: Discuss the situation with your attorney and provide them with the evidence you have gathered. They can guide you on how to proceed and whether the evidence can be used in court.
3. Consider involving law enforcement: If you feel threatened or believe your ex-husband's actions constitute a crime, you may want to file a police report.
4. Secure your devices: Have your phone and computer checked by a professional to remove any spyware and ensure your data is secure. Change all your passwords and enable two-factor authentication where possible.
Regarding the admissibility of evidence in court, it depends on how the evidence was obtained. If your ex-husband illegally accessed your devices, the evidence might be considered "fruit of the poisonous tree" and could be inadmissible. However, your lawyer can argue for the inclusion of the evidence, given the circumstances.
Missing text messages may raise questions about the integrity of the evidence, but your attorney can help you address these concerns in court. It's essential to be transparent with your lawyer and the court about any potential issues with the evidence.
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