Recently I was interviewed by the St. Louis Post-Dispatch on the topic of stalking or tracking a spouse using technology. In the article “Stalkers find friend in GPS technology,” I share what I have been seeing related to the use of technology to spy or track spousal activities or whereabouts:
Sophya Qureshi Raza, a private attorney who practices family law in the St. Louis region, said she has seen an increasing number of instances over the past year, including three she handled.
The worst of them, she said, involved a husband in St. Louis County who downloaded software into his wife’s phone to show her location and record her conversations. The wife found out, Raza said, by finding a purchase receipt under couch cushions.
Raza, a partner at Danna McKitrick, successfully argued that the husband’s actions constituted stalking under Missouri’s adult abuse law and required a protective order, the same result as in her other two cases.
But most often, she said, judges allow such tracking in divorce cases, unless there is a clear threat or harassment.
“I think it’s a case where the statute hasn’t caught up with technology,” the lawyer said.
Read the full article here.
I recently had a case where the husband, unbeknownst to wife, had downloaded “spy phone software” directly to her cell phone. This software enabled the husband to listen to his wife’s actual phone calls. It turned her cell phone into a GPS tracker, intercepted and read her texts, email messages and call logs, and allowed him to use her cell phone to bug a room.
This software, available at an annual cost of anywhere from $39.99 to $349 depending on the features purchased, is specifically targeted towards spouses who want to “catch” their cheating spouse.
In very, very tiny print at the bottom of its home page, this company states:
“It is the responsibility of the user…to ascertain, and obey, all applicable laws in their country in regard to the use of…for ‘sneaky purposes’. If you are in doubt, consult your local attorney before using…. By downloading and installing…, you represent that…will be used in only a lawful manner. Logging other people’s SMS messages & other phone activity or installing…on another person’s phone without their knowledge can be considered as an illegal activity in your country.”
This language should be in ALL CAPS at the very top of the page in a huge font! I think that in most states it would be impossible to use this software “in only a lawful manner.” In the state of Missouri, it is illegal to intercept a person’s emails as well as listen to phone calls to which you are not a party. In addition, it is also a crime under federal law to intercept another person’s email.
I argued in this case that the husband’s actions in tracking wife with GPS constituted “stalking” under Missouri’s adult abuse law. And the judge agreed. Several states have taken this position as well. Not only is this stalking, but the husband’s actions in intercepting her emails and text messages are illegal.
What is perhaps most frightening is the only reason the wife discovered that the software had been downloaded on her phone was because she found the actual receipt of the download purchase made by the husband under a sofa cushion. If she hadn’t found this, she would have had absolutely no idea that her privacy was being invaded in such an atrocious manner. The website boasts that a person only need access to the “target” phone for the initial software download. After the download, all settings can be changed remotely. The husband’s installation of this software on his wife’s phone allowed him to receive via email of all of her text messages, call logs and emails, even if she deleted them from her phone.
The moral of this story: beware of websites that are selling this type of software. Just because it’s for sale, doesn’t mean it is legal to use. And don’t let your cell phone out of your sight.
Posted by Attorney Sophya Qureshi Raza. Raza practices family law where she effectively guides clients through dissolution of marriage, modifications of prior judgments, and resolving child custody and paternity disputes. She also helps families with legal guardianships and conservatorships for the elderly and disabled.
In their article “9 Nasty Things That Divorcing Spouses Say to One Another,” J. Richard Kulerski and Kari Cornelison explain nine of the threatening tactics most used by one spouse against another in a divorce.
I often have clients calling in a panic over one of these statements.
It is important to realize that the vast majority of these comments are not true, will likely never happen and are a result of your spouse trying to control you and the situation.
As always, consult your attorney before giving away the farm because you feel threatened.
Posted by Attorney Sophya Qureshi Raza. Raza practices family law where she effectively guides clients through dissolution of marriage, modifications of prior judgments, and resolving child custody and paternity disputes. She also helps families with legal guardianships and conservatorships for the elderly and disabled.
In her article “9 Questions to Keep Your Divorce Lawyer Honest,” Diane Mercer (attorney, mediator and author) advocates asking specific and tough questions of your divorce attorney.
I think these are wonderful questions to ask BEFORE you hire an attorney.
Beware of the attorney that says that there is no worst case scenario, that your case has a slam dunk argument, or that he/she is 100% certain your argument will prevail. This type of attorney just wants your money.
Any competent attorney knows that the outcome of a divorce is never guaranteed or certain and should be more than willing to give you honest answers to these questions.
As a client, having your expectations set prior to litigation is essential to help you manage your emotions and expectations during the process.
Posted by Attorney Sophya Qureshi Raza. Raza practices family law where she effectively guides clients through dissolution of marriage, modifications of prior judgments, and resolving child custody and paternity disputes. She also helps families with legal guardianships and conservatorships for the elderly and disabled.
I came across this great article about how to deal with emailing your spouse/ex-spouse.
Taking the emotion out of your correspondence will go a long way in keeping the peace.
Posted by Attorney Sophya Qureshi Raza. Raza practices family law where she effectively guides clients through dissolution of marriage, modifications of prior judgments, and resolving child custody and paternity disputes. She also helps families with legal guardianships and conservatorships for the elderly and disabled.
This is a very hot topic due to the increasing role of technology in discovering a spouse’s infidelity, and many wonder about the admissibility of discovered texts, emails, and social media posts in their divorce case.
Sophy Qureshi Raza is quoted in this article appearing in Ladue News: Computer Privacy in Divorce.
