VIC ex wife accessing email, text messages and Facebook

Discussion in 'Criminal Law Forum' started by Frustrated101, 7 September 2018.

  1. Frustrated101

    Frustrated101 Member

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    Hi there,
    Thank you for taking the time to read this.
    I am currently going through a messy divorce, I recently found out that my ex wife has been receiving all my text messages on a iPad of hers, has been accessing all my emails (including emails from my lawyer) and accessing my Facebook account. I was able to get photographs of the other device from google which indicates the iPad and a IP address. Facebook also has a section where I could find out the other devices that had logged in to my account, I also have a photo of this. The text messages I was suspicious of, however my daughter asked me why my messages were coming up on the iPad.
    Are there criminal charges here?
    Can I use this against her?
    What should I do??

    I have spoken to my lawyer about this but I didn't receive much of an answer, I'm just looking for more information on this topic.

    Thank you again.
     
  2. Rob Legat - SBPL

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    Are her actions unlawful? Almost certainly, on various levels. Is anyone going to do anything about it if you report? Probably not, and definitely not unless it can be attached to some other unlawful conduct which has more gravity - like stalking or identity theft. Even those are hard targets to get proven.

    Given that it is in family proceedings, change your passwords, shore up your cybersecurity and online profile, and throw her conduct into the mix as a (very minor) point for any inevitable mud slinging.

    The law is underdeveloped in terms of 'online trespassing' and the outcomes don't justify the steps necessary to go through to reach the outcome. Plus, be aware that if she had access to your accounts because you at some time gave her permission, including logging in on 'her' device, you may be in breach of that provider's terms of service. I make that point because they may be unlikely to give you any assistance if you report the matter to them.

    I'd also add: (a) I'm not a family lawyer, and (b) from what I've heard and seen this situation is not uncommon by any means.
     
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  3. Tony Danos

    Tony Danos Lawyer
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    I would consider an intervention order although you could probably restrict her access by changing passwords etc
     
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  4. Frustrated101

    Frustrated101 Member

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    Thank you for your feed back, problem with apple devices, passwords are stored on whats called a "keychain" I was blocked out of the account and couldn't remove my device from the account. I had to buy new phone and computer just to seperate myself for privacy.
    Is this a Commonwealth crime?
     
  5. Frustrated101

    Frustrated101 Member

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    I had an IVO taken out on me, I clearly states that I am not allowed to, Track, Locate or Follow the applicant, why is this not considered in reverse also??
     
  6. Rob Legat - SBPL

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    Because that's not how it works. The law is not automatically reciprocal in cases like that.
     
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