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1 Answer | Asked in Personal Injury, Civil Rights and Communications Law for Idaho on
Q: Someone has texted me calling me very horrible foul names and has degraded my character and who i am as a person..

This person has attacked my character by texting me hateful things about who i am as a person and falsely accused me of harrassment and did not show up to court when i did to prove my innocence.. i have felt violated and humiliated and attacked.. What can i do about this? It has affected me... View More

Kevin M Rogers
Kevin M Rogers
answered on May 15, 2018

The person who texted you is welcome to say what they think about you, once. They don't commit a crime unless they text you again after texting them to "NEVER TEXT ME AGAIN." If they text you again, they have committed the crime of "disturbing the peace," Idaho Code... View More

1 Answer | Asked in Criminal Law and Communications Law for Louisiana on
Q: Is inappropriate language over the telephone a misdemeanor

Someone sent me a text message threatening me and using profane language. I used some profanity myself and they pressed charges on me. Is this a misdemeanor?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 7, 2018

Consult a criminal attorney. It may be harassment.

2 Answers | Asked in Consumer Law, Traffic Tickets and Communications Law for New Jersey on
Q: How can a pro se litigant subpoena phone records from Cricket Wireless?

Cricket Wireless phone records are not available to customers. Client needs detailed phone call records for one date to help fight a cell phone ticket in court. Client does not have legal representation, and will represent herself in court. How can she get this information from Cricket Wireless... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 19, 2018

That is not your problem as you do not need to be using your phone to get a cell phone ticket, just holding it for example is enough unless you fall under one of the exceptions. A pro se will rarely ever win a ticket in court as even most lawyers have a low success rates for cell phones tickets.... View More

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2 Answers | Asked in Criminal Law and Communications Law for Texas on
Q: after divorce can one parent use a child's iPad to access other parents personal info. on personal device

ex husband used 8 yr old sons iPad to access ex wife's personal data from her phone because mother had a shared plan with son. ex husband then used personal info to call and harass local elected state officials

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 9, 2018

Depending on the specific fact pattern, it might match the offense known as "Breach of Computer Security" as defined by Texas Penal Code 33.02.

Harassment is also a crime, and one of the ways a person can commit Harassment is by repeatedly sending electronic communication that...
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1 Answer | Asked in Criminal Law, Communications Law and Divorce for Texas on
Q: in a divorce can one parent access a child's iPad to retrieve personal info. from other parents device w/o permission

ex husband used child's iPad to access personal info from exes device because she had a shared plan with 8 year old son. ex husband then used personal numbers to call and harass publicly elected officials

Grant St Julian III
Grant St Julian III
answered on Apr 8, 2018

Access to the ipad is not the issue, it's the harassment. The subjects of the harassment shoul contact the police, and you can cooperate in the investigation.

2 Answers | Asked in Domestic Violence, Family Law, Personal Injury, Civil Litigation and Communications Law for Texas on
Q: Can you sue someone for sending emails that curse you out with abusive language in almost every other word.

Could you also sue for defamation in that email since now permanently on a public server since emails are stored forever?

Gary D. Peak
Gary D. Peak
answered on Apr 7, 2018

Better to block them and remove them from your life.

You will have trouble finding an attorney who would file such case. No money damages. Just some irritation and frustration.

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Q: While I was in a relationship we shared a computer,separate profiles & passwords. Is the info. on my profile protected?

While dating I made an account on my boyfriend’s Mac computer. After the breakup he went into my profile to get my iMessages. Once inside my profile (on his computer), without my permission. he found sexual fantasy text messages and is threatening to send them to my parents or destroy my chances... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 7, 2018

It is not, however you should contact the other party to advise they have no consent to access your private accounts. You should also seek to protect those accounts. Should those accounts be accessed, it can constitute an illegal “hacking,” and you should file a police report immediately.

1 Answer | Asked in Internet Law, Sexual Harassment and Communications Law for New York on
Q: I was in a long-distance relationship with a guy from Florida who threatened to leak my nudes

He started to threaten me when we broke up, it happened multiple times, and after each time he said he deleted my pictures.

I don't know if he still has them or not, what can I do if I find out he leaked them?

Michael Diederich Jr.
Michael Diederich Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2018

My recommendation: hire a Florida attorney to discuss the issue, and write your former boyfriend a letter. If he is trying to obtain something from you under threat of releasing the photos, the local district attorney may also be interested and perhaps able to help.

1 Answer | Asked in Business Law and Communications Law for Missouri on
Q: Can you record a conversation you are a part of without anyone else knowing?

Two parties working in a business capacity, when it is revealed at the end that one party recorded without knowledge or consent of the other? Does the “one person” rule apply to the person doing the recording or does it imply knowledge by another party to the conversation?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 4, 2018

In Missouri, if two people are on a call, either one can record without the other’s consent.

2 Answers | Asked in Communications Law for Texas on
Q: How do I fight a fake police report about me? It was for telephone harassment, which did not occur.

On April fool my friends and I called an ex-friend as a prank call. We were going to jokingly apologize for why our friendship ended and say happy Easter. The ex-friend never picked up the phone so we left a voicemail. Later that day, the ex-friend called back, we used an outsiders phone since the... View More

Grant St Julian III
Grant St Julian III
answered on Apr 4, 2018

If the allegations filed against you are not true. retain a local attorney, enter a plea of not guilty to the charges and force the State to prove those allegations beyond a reasonable doubt. You have the right to present whatever evidence you have to a jury, and let them decide who is telling... View More

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1 Answer | Asked in Family Law, Child Support, Communications Law and Sexual Harassment for Oregon on
Q: Can I do anything legally to a 27 yr old trying to talk to my 18 yr old daughter?

There is a 27 yr old trying to e-mail to my daughter, who just turned 18, I watch her e-mail account. I've already told him once not to talk to her, but he's attempted to get in contact with her again now that she's turned 18. She's adolescent and wants to have a friendship with... View More

Joanne Reisman
Joanne Reisman
answered on Apr 3, 2018

Well she is legally an adult so you can't control who she talks to directly but if she is living in your house and you are supporting her you can lay down your house rules. However that might mean asking her to move out if she won't comply and I don't think that is the end result... View More

1 Answer | Asked in Employment Law and Communications Law for Missouri on
Q: I deleted emails when I left my employer. Can they do anything to me or just pull them from the server
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 3, 2018

It is unclear what you deleted but what you did could potentially be very serious and costly if the employer sues you under the Missouri or federal law for computer tampering. Here's the Missouri statute:

  537.525. Tampering with computer data, computer equipment, or computer...
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1 Answer | Asked in Divorce and Communications Law for Oregon on
Q: Is it legal to put a GPS tracker in your abusive husband's car?

I have filed for a divorce, but he is still living here, and has been drinking heavily. I wanted to make sure I knew when he had been to a liquor store, so I could know if I needed to leave with my kids before he got home. He is hitting the liquor store pretty much every day, and has even been... View More

Joanne Reisman
Joanne Reisman
answered on Mar 31, 2018

If you own the car you can put a tracking device on it. If the car is in your husband's name only then you may have problems. I am not sure what the law is about this but I suspect there is something that prevents you from using electronic devises to spy on people outside your own property... View More

1 Answer | Asked in Communications Law, Contracts and Internet Law for Ohio on
Q: Lines of communication: Should a condo owner approach Board of Directors or management company with questions?
Joseph Jaap
Joseph Jaap
answered on Mar 29, 2018

Start with the contact person at the management company. If they can't help, they can pass the problem to the board, or suggest that you contact the board president.

2 Answers | Asked in Entertainment / Sports, Communications Law and Libel & Slander for Pennsylvania on
Q: Can you tell a true story on a podcast, change names and locations and it be legal? Can a teacher do this?

Is this libel if names are not used and locations are not mentioned? What defines Libel?

Jennifer Price
Jennifer Price
answered on Apr 19, 2018

As an initial matter, libel consists of the written word, whereas slander is the spoken word. Whether its' libel or slander, they require the information to be false. The defense to a libel or slander lawsuit is the truth. To answer your other question, yes, you can tell stories of people by... View More

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1 Answer | Asked in Real Estate Law, Communications Law and Criminal Law for Missouri on
Q: Is it unlawful or an invasion of privacy for someone to photograph my home and vehicles without my knowledge/permission?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 3, 2018

It depends upon the facts, including whether there were photos of you in a place where you had a reasonable expectation of privacy. Inanimate objects don't have an expectation of privacy, however.

565.252. 1. A person commits the offense of invasion of privacy if he or she knowingly:...
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1 Answer | Asked in Wrongful Death and Communications Law for New York on
Q: Can a video of a attack be found in a area that happened a year ago through DVR
Peter N. Munsing
Peter N. Munsing
answered on Mar 26, 2018

Depends if there was a camera there.However because of the amount of storage space video takes, Usually the video is removed after 36-50 hours.

1 Answer | Asked in Small Claims, Divorce, Civil Rights and Communications Law for Oklahoma on
Q: Is it invasion of privacy if my mother in law read every text I have ever sent off my phone. And took screenshots to use

Against me for our upcoming court date, I am trying to get a protection order against my husband. And she used a key stroke memorization program to read everything i have ever sent off my phone withought my consent.

Richard Winblad
PREMIUM
Richard Winblad
answered on Apr 2, 2018

Hope this helps, there is probably also a federal statute:

Oklahoma Statutes Citationized

Title 21. Crimes and Punishments

Chapter 70 - Other Offenses Against Property Rights

Oklahoma Computer Crimes Act

Section 1953 - Unlawful Acts - Penalties

Cite...
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1 Answer | Asked in Civil Rights, Constitutional Law and Communications Law for California on
Q: Violation of privacy

My sister's soon to be ex husband accessed private messages that I had with her through text and mobile chat without our knowledge. Can I sue him for invasion of privacy?

Louis George Fazzi
Louis George Fazzi
answered on Apr 4, 2018

Sure you can. But what are you going to tell the court about the damages that you suffered? ,

1 Answer | Asked in Communications Law for Pennsylvania on
Q: my friend is 16 she wants to go to texas to see her boyfriend , could she go ?

she talked to her mom , but her mom don’t listen

Peter N. Munsing
Peter N. Munsing
answered on Mar 22, 2018

Technically her mom could report her as missing. Given the distance seems like she needs to figure out if this guy is worth the money as it sounds like he is getting the better of the deal.

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