Legal Question in Family Law in Missouri
Unauthorized email access during litigation
found out today that 2 years ago during post dissolution child custody modification, my ex-spouse was accessing a family business computer w/out authorization to read emails, including attorney correspondence, and then adjusting her litigation. It is likely she had been using unauthorized access during prior CS modification litigation the year prior. Is there a family law remedy? Her access to our legal strategy greatly increased the cost of litigation and her ability to frustrate our case. This was an interstate case - with three states. I know there are criminal statutes, too. We have many other civil reasons we could pursue another custody modif., but it is extremely expensive, so we are not ready to put a retainer on yet (30K retainer!). Would a criminal finding of illegal unauthorized access during litigation make it easier for us to secure another mod ( we have numerous other problems with mother - classic interference case, and many other unauthorized boundary crossings on record w/ court or other corporations).
Short form question: we have the evidence, it is a crime - worth pursuing it? Potential to recover attorney fees from cust. mod. for her actions? [three states involved, she was in OR, our PC is in MO)
1 Answer from Attorneys
Re: Unauthorized email access during litigation
If I were you I would ask this question of the local prosecing attorney where your pc is located. The prosecutor's office might suggest that you file a complaint with the local law enforcement authorities and see if they will take any action against your ex. Good luck.
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