Q: How do I file an invasion of privacy motion in a civil family law case?
My sons father held my phone hostage while I was in the Emergency Room and went through my phone, without my consent through years of texts, social media and personal data. Sent himself the private communication, then contacted family relatives with false accusations and shared these images retrieved illegally from my device causing undue emotional distress to family. A judge ordered him to only communicate with me through a monitored parenting app, and he was sent a No Contact letter from these family members previously, in which he also violated by reaching back out with allegations and sharing my private texts, images and personal data retrieved from my phone, without my consent. We currently have a closed paternity DR case. Can I file a motion within that civil case for this invasion of privacy, or do I need to file within a different Court? We are located in Florida.
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A:
In Florida, the situation you're describing concerning the invasion of privacy by your son's father is serious. To address this within the legal system, there are a couple of steps you can take.
Firstly, you can consider filing a motion in your existing family law case, particularly if the invasion of privacy is relevant to the issues in that case, such as parenting responsibilities. This motion can address the unauthorized access to your phone and the sharing of your private data.
However, since the invasion of privacy is a separate issue from the typical matters addressed in family law, you might also consider filing a separate civil lawsuit. This would be a distinct legal action focused specifically on the invasion of privacy, unauthorized access to your personal information, and any resulting damages or distress.
It's important to document all instances of this invasion of privacy, including any evidence of him accessing your phone, the messages he sent, and the impact these actions have had on you and your family.
Consulting with an attorney who has experience in both family law and civil litigation would be beneficial. They can provide guidance on whether to file within the existing case or to start a separate lawsuit, and help you navigate the legal process.
Remember, your privacy rights are important, and the legal system can provide avenues to protect these rights and seek redress for violations. Taking legal action can also help prevent further unauthorized access and sharing of your personal information.
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