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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice
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I have recently proved beyond doubt that my wife had had an

Resolved Question:

I have recently proved beyond doubt that my wife had had an affair with a work colleague. I have since made her let me look on her work lap top to try and discover the extent of the affair. She now says this was illegal. Is this true and where do I stand?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Jo C. :

How does she know about this please?

Customer:

I asked her to let me look and she entered the log in and password XXXXX She says she wants to work on our marriage and so agreed at the time but has since said it was illegal.

Customer:

I proved she was cheating on me by recovering deleted text messages from her phone. I am not proud of this but was convinced she was lying to me when I asked if she was seeing someone else. I was hoping to prove myself wrong but unfortunately my suspicions were true.

Customer:

I have never felt the need to look at her phone etc until the last few months when here behaviour and routines changed dramatically.

Jo C. :

so, she gave you permission to look?

Jo C. :

Thank you. What I need to know is this. Did she give you permission to look at the laptop?

Customer:

Yes. She said she felt like a two year old but I said I couldn't trust again her unless I knew everything. She had to type log in and password XXXXX her work as I did not know it. How do I stand on recovering deleted texts from her phone? She shares the same iTunes account as me and I used this to my advantage.

Jo C. :

thank you.

Jo C. :

I would not worry about this unless, of course, she is going to lie through her teeth.

Jo C. :

There is an offence of computer misuse but you have to to cause the computer to perform an un-authorised action before you offend and if she gave you permission this action was not an authorised.

Jo C. :

In any event, it would appear that you did not login that she did.

Customer:

I have physical evidence of her cheating but she has none that she showed me her work laptop.

Jo C. :

It might well be that she should not done that but that is not your problem.

Jo C. :

The police will not be the remotest bit interested in this unless, of course, she is going to lie through her teeth and make things up about you.

Jo C. :

The fact the she's cheating though is not a consideration. Of course, she shouldn't be doing that but that does not give you a reason to offend.

Jo C. :

Can I clarify anything for you?

Customer:

No thanks, XXXXX XXXXX I am OK for now.

Jo C. :

No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’

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