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Is Spying on a Spouse Illegal?

With today’s rapid advancement in technology, there has been an increase in spouses attempting to spy on their partners. Incidences of tracking a spouse’s cell phone or GPS usage or listening in on parent-child visitation with devices strapped to young children are not unheard of.

Spying on a spouse is illegal. If you suspect that a spouse, ex-spouse, or co-parent may be spying on you or are facing these allegations yourself, reach out to an attorney right away. Certain legal options may be available to you under state law, so it is imperative to have proper legal representation during this process. Contact a family law attorney today to discuss your potential legal options.

What Constitutes Spying in New Jersey?

For an act to be considered spying under state law, there has to be a clear invasion of privacy. A judge has the discretion to decide whether an act is an invasion of privacy, but the laws that guide their decisions are complex, and determinations vary by case.

A person going through their spouse’s email on a shared computer in a common space is not likely to constitute spying under NJ law. However, a person going through their spouse’s work email in their home office may be deemed as spying. Wiretapping and recording phone calls and other forms of communication are illegal.

Examples of Spying on a Spouse

Technology has made it increasingly easier for spouses to spy on one another. Smartphone applications allow someone to trace another person’s movements through GPS tracking. There are even ways to automatically receive copies of a spouse’s emails and text messages. Passwords can also be easily retrieved or recovered on devices where they have been used.

Some software allows a phone call to be accepted automatically, which parents can use to monitor conversations their child has with the other parent over the phone. A spouse who hires a private investigator to spy on a spouse could face legal consequences if the investigator uses illegal tactics. Any private investigator must be properly licensed and experienced in surveillance in family law cases to ensure any liability for their actions is not passed on to the person who hires them.

The laws surrounding the use of technology to spy on other individuals are constantly changing. If you are unsure of whether you or your spouse have used technology in an illegal way to spy on the other, reach out to a knowledgeable attorney in your area as soon as possible A skilled family law attorney can assess the facts of your case in more detail and help you determine whether legal action is necessary.

Contact a Family Attorney Today to Discuss Your Case

If you were accused of invading your spouse’s privacy, or you believe your spouse is spying on you, reach out to an experienced family law attorney right away. These accusations hold serious weight in court and having the counsel of a legal professional is crucial. The dedicated team at Moskowitz Law Group has the knowledge and skills to guide you through this process and secure the best possible outcome for you and your family. Call today to learn more about what we can do for you.

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