QUESTION
Is reading and making copies of text messages an invasion of privacy?
Asked on Mar 01st, 2013 on Personal Injury - Colorado
More details to this question:
I have a question. I purchased a new phone for myself and allowed my daughter to use my old phone. In a rush, I inadvertently forgot to delete my texts before my daughter went into my ex's home. I called my ex's phone and she did not answer. I called my son who is 14 and told him to tell her to delete and not read the messages. He did tell her. She read some texts and made copies of the texts and submitted them to the courts. These are embarrassing texts. By submitting these texts, she has obtained a TRO, which has now prevented me from seeing my children and has caused pain for us all. Thanks for any help.
9 ANSWERS
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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No, if you had an expectation of privacy, once your daughter got a hold of your phone there is no expectation of privacy.
Answered on Apr 11th, 2013 at 1:17 AM
Ronald A. Steinberg
You are screwed.
Answered on Apr 11th, 2013 at 12:45 AM
Lisa Hurtado McDonnell
Since you gave your phone to your daughter, I don't think you have a right to expect privacy. You gave your daughter permission to use your phone and to read anything on the phone. Unless you threat your ex or your children you shouldn't prohibited from see your Children. You have a right to a hearing on the matter. You should still be allowed to see your kids, you may have to petition the court for supervised visitation for a period of time until you prove that you're not a threat to your children.
Answered on Apr 11th, 2013 at 12:02 AM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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There are some defenses to "invasion of privacy" claims. Among these are: protection of legitimate interest, consent, absolute privileges. etc. It sounds as though if those text messages are used as a basis of a restraining order and the judge granted it, then these texts can be used to protect the safety of others.
Answered on Apr 10th, 2013 at 9:06 PM
First, do not speak to anyone but your attorney about this matter. Second, if you do not already have an attorney, hire an attorney ASAP. It sounds like this situation is creating serious issues for you. I do not have all the facts, but it could lead to criminal charges. As to whether or not there was an invasion of privacy, your ex will claim that she had permission to read the texts. Stop sending texts that are inappropriate.
Answered on Apr 10th, 2013 at 9:04 PM
Thomas Edward Gates
The information used for the TRO is hearsay and should not have been allowed. At the formal hearing you can object to their submission into the record. While it was now your daughter's phone, the messages were still yours.
Answered on Apr 10th, 2013 at 3:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney but it was your foolishness which allowed this to happen.
Answered on Apr 10th, 2013 at 3:06 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are in a court fight involving custody and visitation and you think there is an invasion of privacy? There ain't no privacy that I know of in such a case. Husbands and wives do anything and everything to outfox each other in such cases.you have a dysfunctional family situation and you did some dumb things and you think there is some way to reverse all this? I don't think so.
Answered on Apr 10th, 2013 at 2:47 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Well, I'm afraid I'm not going to be much help. Yes it was an understandable mistake on your part, but it seems to me that the mistake was on your part. Your daughter seems to have some issues if she took it upon herself to hack your phone and use the information to obtain a TRO, and I'd guess that her law guardian is the one calling the shots. Since the "T" in "TRO" stands for "Temporary", it may fall by the wayside, certainly there can be modifications. Your lawyer will have some in-depth work to fight this.
Answered on Apr 10th, 2013 at 2:45 PM