I filed battery charges against my ex. He is being charged with Misdemeanor battery he inturn filed against me too(counter claim). He is threatening me, saying he has tape recorded or conversations and is going to use IM's against me. I have never said anything bad (because I didn't do anything) I have just expressed anger and cursed. Can he legally use personal conversations against me? He is also using my work email for personals sites. Can he do that?
2007-01-19 05:28:24 · 13 answers · asked by GirlNextDoor 2 in Politics & Government ➔ Law & Ethics
yes, but if it doesn't prove anything then don't worry. if you were threatening him and harassing him, then yes, they could be used against you. it's like a credibility type of thing. it could prove you have been something you appear not to be in court.
2007-01-19 05:32:54 · answer #1 · answered by Anonymous · 1⤊ 0⤋
assault is usually the threat of injury, and battery is the actual injury. expressing anger and cursing, well, that could be considered the latter- if he can prove that he was injured emotionally. but even then it may just be an assault if you weren't physically harming him. tape recording laws are sketchy, but can be used in certain states as long as one of you was aware of the fact that it was being recorded. IM's are hard to prove bc it's based upon alias, and your admitting the screenname belongs to you is about all they'd have to go on. the level of security involved in AIM- almost none- could be taken into account, assuming the fact that just about anyone could have access to a sn. depending upon what was exchanged verbally, or in writing, could be used against you in his case, because they are considered his property. but his using your e-mail address in a malicious manner- for personals sites- is A. fraud, and B. libel: written defamatory speech, and C. identity theft. depending upon how far this goes, both could be tossed because of the fact that it would look like childish b.s. in front of anyone from the law. advice- break all ties, do not respond, even if he is trying to add more against himself, and file for a restraining order. not knowing anything about you i still think it's safe to say that no one deserves this kind of behavior, and your filing for battery is either revenge or bc he's going too far and you want out. so file for a restraining order if it's the second.
2007-01-19 05:51:42 · answer #2 · answered by brettus m 3 · 0⤊ 0⤋
If he can get access, he can use it against you. Especially if he has more money than you do. Unless you can convince a judge or prosecutor that you are a helpless victim...and that he has been behaving like a terrorist. That's a touchy subject... I strongly suggest changing your passwords--all of them. Make them something you know and he doesn't. Use telephonic alpha code...so a word you remember will show up as numbers--then add actual keyboard letters for some of those and really confuse 'em.
Believe it or not, these things happen in real life...see my source below to understand.
2007-01-19 05:36:11 · answer #3 · answered by Jalapinomex 5 · 0⤊ 0⤋
In general, your own statements are considered admissible against you as an exception to the hearsay rule. This exception is commonly referred to as a "statement of opposing party," or "statement of party opponent."
Notwithstanding this, there may be other evidentiary rules in your jurisdiction that might limit their admission. For example, is the evidence relevant to the point that your ex is attempting to make? In general, only relevant evidence is admissible (and is admissible only to prove the point that it is relevant to).
Likewise, is he using the "best evidence," that is, presenting the original copy of the document or recording, or is he presenting an edited and modified version? In general, best evidence is what is presented to the court.
You should either consult an attorney in your area, or locate your local law library and seek assistance with the evidentiary rules in your jurisdiction.
2007-01-19 05:37:22 · answer #4 · answered by Eric 3 · 0⤊ 0⤋
Yes
2007-01-19 05:30:51 · answer #5 · answered by Anonymous · 1⤊ 0⤋
The strive against is meant to be about a receipt she found with condoms on it,both hes no longer attempting to conceal it or hes stupid they have already reported this on the educate so i dont understand why shes indignant any guy or lady thats having a secret AFFAIR(some thing your mate does no longer approve of) wouldnt save a receipt with a condom purchase on it.he's not installation an astounding attempt to be discreet
2016-11-25 20:37:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes he can use anything he has against you but only if the judge in the case allows it.
2007-01-19 05:31:32 · answer #7 · answered by CctbOh 5 · 1⤊ 0⤋
Yes he can use it against you, if you watch some shows or movies undercover cops wear wires and get criminals to trust them, and then they get them to reveal info that can get them into trouble. I know they're fake but it reflects real life
2007-01-19 05:38:00 · answer #8 · answered by Anonymous · 0⤊ 0⤋
yeah, but dont let that crap get you down. if his evidence is AIM messages, then he has no credibility to begin with. i say once the case is over, just run up and kick him in the balls right on the courthouse steps.
2007-01-19 05:36:39 · answer #9 · answered by BrainPhoodDood 2 · 0⤊ 0⤋
Yes to the first and no the second. Turn hin in.
2007-01-19 05:32:19 · answer #10 · answered by LOLO W 3 · 0⤊ 0⤋