Legal Question in Family Law in Oklahoma
E-Mails In Custody Cases #2
In regards to the below question & your response...I have read the Computer Law portion of this website & learned that the e-mails were obtained illegally & therefore the husband could be charged by both federal & state. Wouldn't the judge then dismiss the e-mail & furthermore, wouldn't the clients lawyer advise against using the e-mails because it sets his client up for #1. criminal charges #2. showing HE is the unfit parent.
Question #1.
My friend is getting a divorce from her husband & he broke into her e-mail account & printed all e-mail of pictures she had exchange w/ another man. Can this legally be used in a court of law since he broke into her e-mail account?
1 Answer from Attorneys
Re: E-Mails In Custody Cases #2
As for the scenario you describe, perhaps. The question touches a number of legal issues, including divorce proceedings, possible child custody, federal criminal law, and state criminal law. It also presumes either a U.S. Attorney and/or the District Attorney will prosecute; they have sizable discretion. A practical issue is, for what purpose would the material be admitted? A divorce proceeding is not designed to punish the more wrongdoing spouse; it is designed to separate property, terminate the marriage, and structure/validate an agreement in the best interest of the children. Again, I suggest the matter be discussed with the attorney handling the case as it can quickly get more involved than can be addressed on bulletin board forum.
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