What are the penalties regarding accessing a computer and obtaining e-mails in violation of a restraining order?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are the penalties regarding accessing a computer and obtaining e-mails in violation of a restraining order?

During the course of a divorce proceeding, my spouse was under a joint restraining order issued by a TX District Court not to access my vehicle – she was the one who initiated the order. She used a spare key to enter my vehicle and removed a computer and cell phone. A police report was made. She then hacked into, or more precisely, had some third party hack into my private e-mail account.  They obtained e-mails between a third party and I. The e-mail address and the password were not written anywhere except in my head. Is she subject to civil or criminal action? Is the hacker?

Asked on February 17, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well she has violated a whole bunch of laws here and she has violated the restraining order.  You may want to speak with your attorney on that issue first as it will be the most effective in getting your point across to her quickly if the proof is in place.  She could be thrown in jail if the Judge so chooses.  Besides the obvious theft for which she would be prosecuted we have computer "hacking." Now, computer "hacking" violates various laws on the State and Federal level.  One for instance is the federal Computer Fraud and Abuse Act.  He would be in violation for actually hacking but I am sure that she could be prosecuted as an accessory, as she really gave access to the computer for him to hack.  I would really speak with your lawyer about pursuing all avenues available.  Good luck.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption