Violation of the North Carolina Electronic Surveillance Act is a Class H Felony. Damages to the victim are calculated at the rate of $100 per day, or $1000 total, whichever is greater. Under the state law, you can also recover punitive damages to punish your spouse, and attorney’s fees to pay your lawyer.
Whether or not damaging emails, photos, and texts can be admitted as evidence in divorce or dissolution litigation, however, largely depends on how the information is collected. In today’s technology-driven world, the kind of spying taking place may involve any number of stealth “snooping” technologies, from computer spyware as a way to ...
Sep 17, 2019 · As such, lawyers are prohibited from submitting false evidence and engaging in any sort of dishonest behavior, both in and outside of the courtroom. Some of the ways in which an attorney can commit fraud are as follows: Misrepresenting the law. Misrepresenting expenses, court costs, or fees. Misappropriating settlement funds or paid judgments.
Mar 01, 2016 · 5. Deliver a closing argument. After all evidence has been submitted, both you and the defendant get to make closing arguments. Your goal is to show how all of the evidence supports your argument that the defendant invaded your privacy and caused you injury. Refer to specific pieces of evidence.
You may trust your spouse – but does your spouse trust you?You may have something to hide or you may have nothing to hide, but either way knowing t...
A spouse who suspects an affair may spy in order to uncover evidence that could support the filing of a civil lawsuit for criminal conversation or...
Your spouse may be spying on you in any or all of a number of ways: 1. Monitoring your mail, email, phone calls, and/or text messages 2. Monitoring...
You have several options when you discover that your spouse is spying.One response is to be totally open and totally transparent. Admit to any wron...
Some forms of spying are violations of state or federal law.For example, if your spouse is found guilty of violating the Federal Wire Tapping Act,...
Under North Carolina law, you can bring a civil action against your spouse (or former spouse) for invasion of privacy by intrusion.This tort is def...
When someone invades that privacy, you may be able to sue in court and get compensated for your injury. An invasion of privacy can take many different forms, and whether you have a valid lawsuit will depend on the state you live in as well as the facts of your case.
You can sue if someone divulges private facts that a reasonable person would find offensive. They must tell more than one person; however, there is no minimum number of people who must be told for the disclosure to be “public.”. Present you in a false light.
Identify the invasion. “Invasion of privacy” is a blanket term used to describe many different actions. You can sue someone if they commit any of the following: Intrude on your solitude. Someone intrudes on your solitude when, without permission, they spy on you or intercept communications, such as telephone calls.
Punitive damages. In some states, you can get punitive damages, which are meant to punish the defendant. A judge will award them when the defendant’s conduct is particularly hateful.
Your goal is to show how all of the evidence supports your argument that the defendant invaded your privacy and caused you injury. Refer to specific pieces of evidence.
Generally, you have 30 or fewer days. In some states you will have only 10 days from the date final judgment is entered. You should meet with your lawyer as soon as possible to discuss the pros and cons of bringing an appeal. For example, appeals take a considerable amount of time—up to a year in most cases.
Requests for documents, which can be used to request documents that would not be publicly available. However, some documents may be privileged and out of your reach. Your attorney will be able to tell you the boundaries. Subpoenas, which are court orders requiring someone to do something.
If you are suing someone from a different state, a court in your state may not have power or "jurisdiction" over that person. In that case, you might have to sue the defendant in his or her location, which will probably be more expensive and inconvenient for you.
Lawsuits can be expensive, and recovering your attorneys' fees is often not an option. Ask your lawyer for an estimate of legal fees, and do the math. It may be cheaper to settle. Get legal advice from an attorney you trust and consider the amount of money you could win compared to the amount you'd get in a settlement.
From car accidents and injuries to family-related issues to financial disputes, disputes can often be solved through communication and compromise. Not every dispute involves a legal cause of action.
A lawsuit may take a lot of time and energy, and can be emotionally draining. Remember that you might find that you have less time and energy to devote to your work, business, family, and social life for the duration of the lawsuit. The case may involve completing demand letters and paperwork, filing at the clerk's office, waiting in court until your turn to speak, and following any of the judge's orders.
Each state's court system has some variation of " small claims court " or "conciliation" court, which only hears disputes in which a certain dollar amount is at issue (usually $5,000 or less).
In any criminal investigation, a prosecutor chooses which charge or charges to file or seek from a grand jury. A prosecutor also has the discretion to refrain from filing any charges at all. A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure.
Prosecutors must carry out their duties to the public they represent , but like most public agencies and private businesses, resources are finite. A prosecutor may decide to make prosecution of certain offenses a priority, while offenses that are deemed lower priority might not be as vigorously pursued.
Most of the time, prosecutors have the final say when it comes to filing charges or asking a grand jury for an indictment. Political or public pressure sometimes changes their minds.
Generally speaking, a victim cannot press charges nor force an unwilling prosecutor to file charges or seek an indictment from a grand jury. The prosecutor, exercising "prosecutorial discretion," has the final say.
Because prosecutorial discretion is a legitimate component of the prosecutor's powers, a private person usually has very few options to force the prosecutor to act. Courts will not intervene to force the prosecutor's hand. Most of the time, if the case is sensational, public pressure is the best means of persuasion.
This approach involves using a legal tool called a "writ of mandamus.". Usable when a public official fails to take official action, a private person may seek this writ, which asks for a court order directing an official to perform a duty that the official is under a legal obligation to perform. A writ of mandamus, however, is not available in most ...
A collections lawyer can do it. A lawyer who does collections litigation can do it. I do not do collections work. but there are many in town who do. You can call the Virginia Lawyer Referral Service for a name.
A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit.
Incarceration. Prison sentences for extortion can be significant. State laws allow for prison sentences of up to 15 years or more for each individual extortion attempt. Probation.
A felony is the most serious category of crime, one that is punishable by at least a year in prison and significant fines. In some states and in some situations, however, the crime may be classified as a misdemeanor, in which case it has lower fines and jail sentences associated with it. Fines.
The crime of extortion traditionally covered only actions by public or government officials, though today the crime applies to actions by private citizens as well. (In some states, extortion applies to acts by public officials, while blackmail applies to acts by private citizens, even though the same type ...
Punishment for Extortion. Though states provide a wide range of penalties for extortion, the crime is most often punished as a felony offense. A felony is the most serious category of crime, one that is punishable by at least a year in prison and significant fines. In some states and in some situations, however, ...
Threats. Extortion is based upon some type of threat. The person making the threat must state an intention to commit an injury or harmful action against the victim. For example, under California's law, a person can commit extortion by threatening to injure the victim or another person, accuse the victim of a crime or of some other disgraceful ...
allow the creditor to obtain a judgment against you (called a "default judgment") defend the lawsuit yourself, or. hire an attorney to represent you in the lawsuit. Which option is best for you will depend on a number of factors.
When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: 1 allow the creditor to obtain a judgment against you (called a "default judgment") 2 defend the lawsuit yourself, or 3 hire an attorney to represent you in the lawsuit.
A defense is a reason why you aren't liable for the debt or a reason why the creditor shouldn't be allowed to collect the debt. Here are some common defenses to creditor suits: the statute of limitations (the time period in which the creditor must bring the lawsuit) has run.
A counterclaim is a claim that you have against the creditor. In most states, the counterclaim must relate to the transaction at issue in the creditor's lawsuit. For example, say the creditor sues you for nonpayment of a credit card debt.
In most states, the counterclaim must relate to the transaction at issue in the creditor's lawsuit. For example, say the creditor sues you for nonpayment of a credit card debt. You might be able to file a counterclaim alleging that it harassed you in trying to collect the debt.
If bankruptcy might be inevitable, think twice before using retirement funds to pay bills. Most people can keep their retirement account in bankruptcy.
If someone has stolen money and you want him held criminally responsible – and hopefully return the money – you normally need to contact the police to file a complaint. This includes filling out a police report and presenting the evidence that you have. If the stolen money wasn't yours, a less-effective option is to contact the police anonymously.
Reporting the Crime Anonymously. If you do not wish to be involved in an investigation or the subsequent trial, you can report the theft anonymously. Anonymous complaints can alert the police that a crime may have occurred; however, they cannot be used to detain or arrest a suspect or to search his personal property.
Filing a Police Complaint. To report a theft that has already happened, the best way to contact the police is to call them using a non-emergency number . In many regions you can simply dial 311 and tell the operator you want to report a theft. In most cases, the police will come to you, although if you are a witness, ...
In many areas, small claims court is for cases with an amount in controversy of less than $5,000 to $15,000. You should contact a lawyer before pursuing a legal case against the thief. References.