Hacked Email in Divorce - Ask RJ, RJ Peters

Ask RJ: Can I press charges for hacking email and sharing data?

The Question:

Can I press charges for hacking email and sharing data? My ex-wife hacked my email, took medical papers off. I am in a custody battle. She entered this into evidence through a motion. I had not previously filed a Notice requesting “Strict Compliance”.

RJ Says:

As a family law attorney, I can only address how this issue could be addressed in Family Court. You would need to discuss whether criminal charges are appropriate with a law enforcement officer. In Family Court, you can certainly complain about the method in which she obtained this information in support of your other arguments as to her parenting skills or character. I have found that sometimes if a Judge has misgivings about a person’s character or actions, that can find its way into all decisions made by that Judge. A Judge could even sanction her for unreasonable conduct.

HOWEVER, I will say that is very common in Family Court to be able to compel a HIPAA release and gain medical information even over your objection. This is granted under the theory that is in the children’s best interests for the judge to know anything and everything about either parent’s physical, mental and emotional well-being. I’m not sure that a family court judge would keep this relevant information out. If you can argue that this information IS NOT relevant, then you can file a motion to preclude her from introducing such. I would need to know more to give you better advice on that subject.

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