What Types of Documents Are Admissible in Court?

Asked over 1 year ago - Miami, FL

My wife tapped into my emails and is now trying to use this as court evidence in a divorce proceedings. How she got my password XXXX Gmail account address is a question . But, she read these emails, printed them and distributed them to her family, attorney.
She claims that the emails came into her possession as hard copies.
The information could prejudice the judge . Is she liable and can she be arrested and charged for this violation of one's personal emails.
We've been separated so it's not a case that we were using the same computer. It was accessed via the internet.

Attorney answers (3)

  1. David Alexander Browde

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your attorney should be able to limit the damage if not prevent the e-mails from being used as evidence. If you don't have an attorney: get one.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  2. Jayson Lutzky

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Get an experienced divorce lawyer in your to review the case in person. Not so easy over the Internet, bear in mind can she access more than the emails? How about where you go on the Internet such as AVVO?

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  3. Joshua T. Mathews

    Pro

    Contributor Level 12

    Answered . The criminal question would be difficult to answer. I'd say that it is highly unlikely that she could face any actual criminal charges. What she's done may or may not violate certain state and federal statutes, but the more pressing issue is, "what did she find?"

    Family courts really don't care much about the parties. They worry about children, and distribution of assets and debts. Family Law courts are given wide discretion to see evidence that would probably not be admissible in other cases. So, if she found evidence of something that would call into question your ability to provide a healthy environment for raising children, (i.e. criminal activity), then I'd wager a court will look at it, and consider it. If it's more like evidence of an affair, used as part of an alimony claim, then the Court would be more likely not to admit the evidence for that purpose.

    This advice is based upon limited and hypothetical circumstances. For an answer that is specific to your... more

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