San Francisco, CA asked in Domestic Violence for California

Q: My ex husband has a spyware on my electronics that gives him a view of my activity but he edit. Admissible?

my ex husband has been tracking everything i am doing on my phone and laptop. I opened a google voice acct walked away 2days later he had called it. He has deleted emails and activity history. I sure hope I am not crazy the service has my laptop now. He has submitted screen shots and defended himself from things not mentioned in court yet. How is this admissible?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: Your ex-husband's alleged use of spyware to monitor your electronic devices and edit your data would likely be considered illegal and inadmissible in court. Here are a few relevant points:

1. California Penal Code Section 502 prohibits unauthorized access to computer systems, data, and networks. Installing spyware on your devices without your consent would likely violate this law.

2. California's two-party consent law (California Penal Code Section 632) requires that all parties to a confidential communication give permission for it to be recorded or monitored. If your ex-husband is secretly monitoring your communications, this would likely be a violation.

3. Evidence obtained illegally is generally not admissible in court under the "fruit of the poisonous tree" doctrine. If your ex-husband is submitting screenshots or other information gained through the use of spyware, you can argue that this evidence should be excluded.

4. Editing or deleting your emails and activity history could be considered tampering with evidence, which is also illegal.

To protect your rights, you should:

1. Document any suspicious activity or evidence that suggests your ex-husband is using spyware to monitor your devices.

2. Consult with a family law attorney who can advise you on how to proceed and potentially file a motion to exclude any illegally obtained evidence.

3. Consider reporting the alleged illegal activity to law enforcement.

4. Take steps to secure your devices, such as running anti-malware scans, changing passwords, and enabling two-factor authentication.

Remember, your privacy rights are protected by law, and your ex-husband's alleged actions are likely illegal and inadmissible in court.

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.