Criminal Law, Wire Tapping, Tape Recording, Computer Security, Tampering of Evidence are criminal issues that do arise on occasion in the family law context. It occurs because a litigate in a divorce or custody action in an effort to improve their position or to find the “smoking gun” overreaches into violations of Texas and Federal penal statutes. This issue has come up on several occasions in our practice.
This article was written to help the people of Dallas and the State of Texas become aware of and to avoid criminal penalties arising out of the familylaw context. Frankly, if you are charged with violation of a penal statute the concepts of custody, paramours, and division of property in the divorce context may be your last worry. Recognize that the defense of a felony indictment may require anywhere from a $5,000.00 to $15,000.00 retainer for criminal defense counsel.
• Wiretapping: Client brings into the office tapes of conversations between his or her spouse and their third-party girlfriend/boyfriend.
• Email or Breach of Computer Security: Opposing party figured out how to break into clients gmail.com account and downloaded e-mails from/to spouse and paramour.
• Domestic or Family Violence
• Battered Spouse
• The Protective Order