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Can you use material from a hacked email account as evidence against a cheating spouse

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woodsman479


Arresto Menor
I have a friend whose husband is having an affair.

The guy was careless enough to leave the email settings on his computer to "autologin", making no effort for us to access it.

It reveals detailed correspondence between the guy and his mistress, and pictures as well that they are together on numerous occasions. We have then saved these messages and pictures as proof. The guy still doesn't know about this.

We would like to know our options and if we can use this in court; The evidence is so damning that it can win the case by a landslide.

What are the chances of winning the case if we use this evidence?

Will he court question the source of this evidence?

Is there a possibility that this evidence may be nullified through a technicality? It has been obtained illegally after all.

And worse, is it possible that the guy initiate a counter-lawsuit for illegally accessing his email account?

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attyLLL


moderator
those evidences would be inadmissible for being acquired in violation of the constitutional right to privacy of correspondence.

and yes, he can countersue for the illegal access.

what i would recommend is to keep monitoring the email for intelligence gathering, then get independent proof that is usable. (maybe the pics can suddenly appear on his Facebook page)

not too sure what you mean by damning evidence. for a charge of psycho violence, you have to prove repeated marital infidelity. for concubinage, they have to be living together.

you should also consider using the threat of an actual case rather than actually filing it. many times, very effective compared to a real one.


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mommy_she


Arresto Menor
Smile



Last edited by mommy_she on Mon Mar 07, 2011 7:50 am; edited 1 time in total

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woodsman479


Arresto Menor
@ atty LLL

Thanks for the feedback.

What I meant by damning evidence is:

* Email correspondence that is "intimate" in nature (mentions of their sexual exploits)
* Pictures of them together in a hotel room together (no sexual act )
is captured on the photos, but they ARE together in the room wearing their comfortable sleeping clothes)

Yes, a verbal threat has been made, but looking further at their recent correspondence, it looks like neither the guy nor the mistress is affected by the threat.

Yes, we do to continue the email monitoring for intelligence gathering.

Considering all of the above, can you provide some sort of effective method of delivering this threat?

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attyLLL


moderator
is the wife still living with the man? dependent on him for support? Children?

What I've done in the past is to write the cheating spouse and the other 'person' to stop it or else. It has mixed results.


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