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Is hacking into my Facebook account and email a violation of an order of protection?

New York, NY |

I currently have an order of protection against my ex-boyfriend. We reside in different states and I have been the primary caretaker of our child. There have been 3 incidents where I have been assaulted. In the last incident, he snatched our daughter out of my arms and did not return her or allow me to see her until I got a court order. I have temporary custody and an oop which states he is not to have any contact with me or our daughter, aside from supervised court visitation. I got a message stating suspicious login attempts in my gmail account. When I logged into my Facebook account, I saw a login from his state and tracked his IP address to his home. I believe he is trying to keep tabs on me or get information to use against me for our upcoming court battle. Is this a violation?

Attorney Answers 4


  1. I don't think it is a violation of hte Order of Protection but it is probably a different crime.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. Depending upon what your order requires, it may be a violation.

    It is more likely an invasion of privacy and/or identity theft, if he is pretending to be you in order to change your settings or post as you. You may wish to bring his actions to the attention of the court which issued the order.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.


  3. It could be a violation but I would contact the district attorney.


  4. Whether it is a violation or not depends upon the actual terms of your Temporary Order of Protection. I would contact the DA to let that person know what is going on. It is either a violation or some sort of ID theft crime.

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