Legal Question in Criminal Law in California

If I found a phone while cleaning my apartment out during a break up with my ex. Can I use the pictures i found on it against her in a custody battle for my kids? And can my mother use them to support her restraining order.

Asked on 8/14/18, 8:32 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

While I don't want to imagine how the content of such photos would be relevant or admissible in an emotionally driven odious custody battle, it is probably not illegal to try to do so as long as you can't be validly accused of a crime in how you obtained them, think 'trespass' or invasion of privacy. That was not 'legal advice', and you should get the real thing from your attorney, after providing him ALL the detailed facts and circumstances, before doing what you propose.

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Answered on 8/14/18, 10:29 am

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