What are the penalties regarding accessing a computer and obtaining e-mails in violation of a restraining order?
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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 13 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.
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