Legal Question in Criminal Law in Illinois

My wife and I are rebuilding our marriage following a brief affair I participated in. The woman (who lives in a different state) that I was involved with was separated (her terminology), living in a separate room of the house, and was planning for divorce. Almost immediately after terminating the relationship, our details became public. The wonan's husband decided to call my wife at her office to inform her. Shortly thereafter a package was sent to her office containing online chat logs of the conversations I had with the woman. According to the woman, her husband and one of his business associates used spyware on her laptop, printed the logs, and sent them to my wife's office.

My questions are;

1. Were any Wire Tap, Harrassment, or other laws broken by the woman's husband and work associate?

2. Can the woman's attorney force me to participate in her divorce proceedings and relinquish the hardcopy chat logs sent to my wife?

3. Are there any legal reasons for me to keep the chat logs or should I destroy them now and move on? (Which is what I'd really like to do.)

4. Can I take out an Order of Protection against the woman and her friends who still insist on calling me asking me to continue conversations with her on the entire issue?

Thank You.


Asked on 9/21/11, 9:48 am

1 Answer from Attorneys
Stephen Messutta

1. Can't say. If the laptop was owned by the husband and wife or both used it, then the question is what was the wife's expectation of privacy.

2. You can be subpoenaed and could be required to bring the logs, but if the answer to #1 is that she did have an expectation of privacy that the husband violated, there is a chance you could be called to testify but the logs could be quashed.

3. You could be destroying evidence. Not a good thing.

4. You can try.

You stuck yourself into this; you are entitled to independent legal counsel if you are subpoeaned, at your expense. Pay the piper now, have the attorney look into these things and see what your obligations and rights may be.

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Answered on 9/21/11, 2:34 pm


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