Going through a divorce is not easy. As a family law practitioner, 90% of my job is “shouldering”, listening to people vent about their problems and giving them emotional support in their time of need. I am not a therapist or psychologist, although sometimes I feel like one, but what I can see from the clients I meet is that going through a divorce is emotionally straining. It’s emotionally draining for us attorneys as well.
Often times, one spouse wants to seek revenge against their spouse, harass the other spouse or quite simply, make that other person’s life just plain miserable. For example, it is not uncommon for one spouse to access the other party’s email account without that party’s authorization, knowledge or consent. A disgruntled spouse may hack the email account, change the password and have unfettered access to confidential and personal information.
If so, please take note that this conduct is considered abuse and a form of domestic violence as set forth in the Domestic Violence Prevention Act. Indeed, pursuant to Marriage of Nadkarni, (2009) 173 Ca.App.4th 1483, the court held that “….access and other activities relating to Wife’s email account constituted disturbing the peace and a form of abuse in the Domestic Violence Prevention Act.” These acts of misconduct, coupled with other acts of emotional or physical abuse could assist you in obtaining a restraining order against your spouse. A typical restraining order will protect the victim and ensure that the abuser does not go near the victim, the victim’s home or place of employment.