Q: can i press charges for hacking email and sharing data
my ex wife hacked my email took medical paper off and sent it to the ex im in custody battle with she in turn entered into evidence through a motion and no i didnt file for strict compliance.
A: As a family law attorney, I can only address how this issue could be addressed in Family Court. You would need to discuss whether criminal charges are appropriate with a law enforcement officer. In Family Court, you can certainly complain about the method in which she obtained this information in support of your other arguments as to her parenting skills or character. I have found that sometimes if a Judge has misgivings about a person's character or actions, that can find its way into all decisions made by that Judge. A Judge could even sanction her for unreasonable conduct.
HOWEVER, I will say that is very common in Family Court to be able to compel a HIPAA release and gain medical information even over your objection. This is granted under the theory that is in the children's best interests for the judge to know anything and everything about either parent's physical, mental and emotional well-being. I'm not sure that a family court judge would keep this relevant information out. If you can argue that this information IS NOT relevant, then you can file a motion to preclude her from introducing such. I would need to know more to give you better advice on that subject.
Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and may not want to continue alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free ½ hour consultations, in which we can discuss your matter in detail.
Please call or email my assistant Maddy to schedule your free ½ hour consultation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.