Is Hacking Your Spouse’s Email Account Equivalent to “Domestic Violence” in Florida?

A husband discovered that his wife had accessed his email account and, according to him, she also threatened to shoot him.  So he sought a domestic violence injunction.  Ultimately, it appears that there was no evidence that the wife made the threat about the gun however, at the hearing, she admits to accessing the email account, making copies of some emails, and filing some of the information with the court.  The trial court likened the admitted behavior to cyberstalking and entered the domestic violence injunction.

But is accessing an email account the same as domestic violence?  In Florida, an injunction against domestic violence has to be premised upon some threat of imminent violence, which excludes mere uncivil behavior that causes distress or annoyance.  The First District concluded that the wife engaged in “improper behavior” but that it did not constitute domestic violence.  More specifically, the single episode of accessing a spouse’s email account did not meet the standards for harassment, stalking or even cyberstalking.

The First District’s opinion in Cheryl Young v. Michael Young is here.

For further examination of the issue, the only brief filed in the case is here.

Evidence
In Butoh Dance / Suicide Case, Court Rules that Emails & Skype into Florida Create Jurisdiction Over Katsura Kan, Dance Instructor

Can Florida obtain personal jurisdiction over someone just because he/she sent emails or Skyped with another person in Florida?  In the unusual case of Tibor Stern, as personal representative of the Estate of Sharon Stern v. Terugoshi Kotoura a/k/a Katsura Kan, the answer is yes. The Facts of the Case …

law & order
Florida Fourth District Recedes From Two Prior Opinions re Miranda Rights

Florida’s Fourth District Court of Appeal receded from two opinions in 2004 relative to how Miranda rights are given. For lawyers and the general public alike, there’s always room for a little refresher on Miranda.  After all, even the stodgy U.S. Supreme Court was hip enough in 2000 to note that “the …

Data Breach
Nine Ways that Companies Get Hacked

This one page article explains the 9 most common ways your clients and companies get hacked — in a single page Palm Beach Bar article. Don’t know a DDOS from a SQL attack? Brute force or a reverse brute force. Read the kama sutra of hacking-for-lawyers, here.