If my estranged wife opened my cellphone and checked my text messages, is this harrassment?

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If my estranged wife opened my cellphone and checked my text messages, is this harrassment?

Our children came home and a few minutes later my estranged wife came home. I had left my cellphone on kitchen counter and was upstairs. My son advised me that he had texted me. I then went to the kitchen to retreive the phone. Upon checking same, I saw that the text from my son had been read. She questioned him about the text. By the time I went back to the kitchen she was gone. She is causing considerable annoyance to me. She is on probation for domestic violence.

Asked on June 17, 2012 under Family Law, New Jersey

Answers:

Brad Micklin / The Micklin Law Group

Answered 9 years ago | Contributor

It is difficult to know whether or not that would constitute harassment. If you feel that it is harassing, you have every right to seek a temporary restraining order and the judge will decide whether or not it was done with the intent to harass.

It is, however, possibly a violation of your privacy and/or an interception of private and personal communications which could be a violation of state and federal law. You may want to speak to your local police department for advice.


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