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Wife in family law case viewed husband’s and his attorney’s emails for a yea
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Date: July 19th, 2025 10:14 AM Author: Histrionic fat ankles Well, almost a year. She kept the family tablet after separation and my client was still logged into his google account. He would draft an email, not send it, and the next day his wife would address the issues in his draft email.
He didn’t want to sound paranoid so he didn’t say anything and then when he’s changing his password he took a screenshot showing the family tablet had accessed his Gmail 28 minutes ago.
I have been sitting on this information since the end of May because I was waiting until I could secure my client one overnight with his kids. Once we have that it will be difficult stopping our momentum towards 50/50 custody.
Now that our overnight is secure and we have a custody review hearing coming up at which point I’ll keep up pressure for an additional overnight, it was time to send my Evidence Preservation Letter.
Of course I sent that on a Friday. Just in case no one left the office early, I sent it in the morning. Why not ruin both a Friday morning and the weekend?
I gave them until Monday morning at 9:00 am to pick one of the two computer forensic experts I found, and turn over the tablet.
Opposing counsel’s office reached out hours later in the afternoon saying that the attorney was going to be in court all day Monday and they need time to talk to the wife, it will probably be early next week . . .
I said no. |
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Date: July 22nd, 2025 1:05 PM Author: Metal Fanboi get a real job (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49121815) |
Date: July 19th, 2025 10:16 AM Author: heady telephone meetinghouse I presume this violates the initial orders?
I also presume this is incredibly common?
What kind of sanctions will this result in and how mad will be the judge?
How does this help with custody? Just demonstrates that the mom is a lying cunt? |
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Date: July 19th, 2025 10:44 AM Author: Histrionic fat ankles It doesn’t violate any initial family law orders or I would have filed for contempt and asked the judge to put her in jail.
Not a criminal lawmo but I believe it’s a violation of federal and state law. Invasion of privacy or something blah blah.
Not common. Extremely rare. Once I had a client snooping on his wife’s and attorney’s emails because wife was using her Microsoft email and it was under his account or something.
I sent him a CYA email telling him it’s a federal crime, I want nothing to do with it and to stop immediately, but other than that I don’t see this happening.
I’m asking for $10,000 in punitive sanctions plus attorney fees.
The judge will feign mild concern.
It might unintentionally result in my guy getting to 50/50 faster.
I actually had to have a Come to Jesus talk with my client telling him this was going to cost maybe $10-20k to see through with the most likely outcome being zero punishment for her.
It demonstrates more than just dishonesty. She breached her fiduciary duty for one. Violated her husband’s attorney client privilege. Breached the implied covenant of good faith and fair dealing. You know, really bad shit like that.
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Date: July 19th, 2025 10:50 AM Author: self-absorbed lilac site headpube God am I glad I just do broker-dealer compliance. Reg BI has never made me want to take a bath like this BS would. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114143) |
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Date: July 19th, 2025 10:53 AM Author: heady telephone meetinghouse LMFAO, oh what a profession!
I'm so glad my divorce was amicable (and I got bored of reading her texts and e-mails).
Btw, it MIGHT be a federal crime, but she'll claim she had implied permission for authorized access. Zero chance feds get involved in this fact pattern. Also if you and your client were sitting on your rights this may be the rare case of correctly arguing the doctrine of laches.
tyvmf that last paragraph. Starting my day with a good laff. |
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Date: July 19th, 2025 11:29 AM Author: Histrionic fat ankles Yeah no chance of prosecution. No one actually cares. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114185) |
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Date: July 19th, 2025 11:36 AM Author: Histrionic fat ankles btw no laches bc no prejudice to cunt wife, that was kind of retarded for you to say (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114192) |
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Date: July 19th, 2025 2:22 PM Author: heady telephone meetinghouse Could be relevant to the scope of her access in the fictional CFAA criminal case we are imagining. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114450) |
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Date: July 21st, 2025 12:13 PM Author: passionate incel Don't most jurisdictions require actual "hacking" versus just using a device that already has access? (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49118791) |
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Date: July 21st, 2025 7:55 PM Author: heady telephone meetinghouse It’s a patchwork based on mostly trade secret cases (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49119959) |
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Date: July 22nd, 2025 1:41 PM Author: cruel-hearted gaped rehab masturbator "She breached her fiduciary duty for one. "
I hope this is jumping the shark. If not.... |
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Date: July 19th, 2025 10:23 AM Author: Bossy Love Of Her Life Public Bath (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114102) |
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Date: July 19th, 2025 10:48 AM Author: judgmental orchestra pit scourge upon the earth Judge is gonna be MAF (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114138) |
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Date: July 19th, 2025 10:55 AM Author: heady telephone meetinghouse *pretend to be MAF (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114148) |
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Date: July 19th, 2025 5:46 PM Author: judgmental orchestra pit scourge upon the earth He's going to channel all of his mid-50s male existential despair and loneliness into this one litigant who has transgressed in a way that gives him an outlet.
Or the judge is a woman, in which case LJL |
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Date: July 22nd, 2025 12:27 PM Author: wild sapphire internal respiration garrison family law judges see so much crazy shit this isnt going to raise an eyebrow unless theyre one of those "the law is sacred!" types and those dont go into family law much. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49121675) |
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Date: July 19th, 2025 11:43 AM Author: costumed infuriating quadroon house man, divorce law sounds like a lot of crazy energy every day (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114193) |
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Date: July 19th, 2025 11:51 AM Author: provocative den weed whacker i like hearing the stories but have no interest in getting closer than that. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114203) |
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Date: July 19th, 2025 3:22 PM Author: costumed infuriating quadroon house oh i'm with you, i'll click on these chilmata stories every time (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114578) |
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Date: July 19th, 2025 11:47 AM Author: frozen bbw jew > He didn’t want to sound paranoid so he didn’t say anything and then when he’s changing his password he took a screenshot showing the family tablet had accessed his Gmail 28 minutes ago.
A mail app or the gmail app will simply check in to his account in the background, whether or not anyone else is looking at his emails.
Judge: "The only violation that I can see here is your client's poor opsec, Counselor." |
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Date: July 19th, 2025 12:13 PM Author: Histrionic fat ankles He built up a pretty strong case of circumstantial evidence. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114216) |
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Date: July 19th, 2025 12:13 PM Author: Unholy Ceo Marketing Idea Who cares?
This woman, who isn't a lawyer and has no ethical duty, is fighting for custody of her children - and people are mad she opened up emails that were beeping on a device in her living room in order to address the husband's concerns?
"Why can't I live with mommy"
"Because she technically violated the digital records act of 2002." |
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Date: July 19th, 2025 1:53 PM Author: Histrionic fat ankles I’m asking for $10k in punitive damages plus attorney fees. Custody modification isn’t a punishment that fits this crime but it will undermine wife’s credibility going forward when she tries to oppose 50-50. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114382) |
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Date: July 20th, 2025 12:34 AM Author: Cracking library ratface (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115694) |
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Date: July 22nd, 2025 12:29 PM Author: wild sapphire internal respiration garrison lol are you a woman?
this is so clearly unethical ljl at saying this with a straight face. |
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Date: July 19th, 2025 1:06 PM Author: razzmatazz point round eye What is this? (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114299) |
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Date: July 19th, 2025 1:11 PM Author: odious pit athletic conference 10 pounds of retardation in a 5 pound thread (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114313) |
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Date: July 19th, 2025 1:51 PM Author: Histrionic fat ankles That’s good. I’m going to use that. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114379) |
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Date: July 19th, 2025 2:23 PM Author: heady telephone meetinghouse Why weren't there first day orders addressing accessing each other's e-mails? That's standard practice for divorce cases in my state. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114453) |
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Date: July 19th, 2025 3:30 PM Author: Chartreuse heaven what state? example? "In Illinois, when a Petition for Dissolution of Marriage or Legal Separation or Declaration of Invalidity of Marriage is filed, and either party is served with the summons and petition or files an appearance, certain prohibitions automatically go into effect for both parties and their agents. This is often referred to as a "dissolution action stay" or automatic orders. These orders generally prohibit physically abusing, harassing, intimidating, striking, or interfering with the personal liberty of the other party or their children, and concealing a minor child from the other parent. These automatic stays are in effect until a judgment is entered, the case is dismissed, or a further order from the court is issued. " |
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Date: July 19th, 2025 2:25 PM Author: white soul-stirring shrine genital piercing women are 180 (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114455) |
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Date: July 19th, 2025 5:54 PM Author: Cerebral Puppy your client is a retard (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114938) |
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Date: July 19th, 2025 7:01 PM Author: Histrionic fat ankles ? (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115054) |
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Date: July 19th, 2025 7:33 PM Author: Cerebral Puppy sounds like she was authorized to access his email and at no point was that authorization rescinded (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115141) |
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Date: July 20th, 2025 12:00 AM Author: Histrionic fat ankles You have no idea how much I would love for her attorney to make that argument. I wouldn’t even have to respond. I would just look at the judge with raised eyebrows and let him do his thing. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115657) |
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Date: July 20th, 2025 12:02 AM Author: Cerebral Puppy so your position is that if your dumbass client just left letters from his attorney open on the desk at the house they still shared and she read them that would somehow not be his dumbass fault? (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115661) |
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Date: July 20th, 2025 12:09 AM Author: Histrionic fat ankles lol I rate that analogy 159 (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115671) |
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Date: July 20th, 2025 12:22 AM Author: Cerebral Puppy the analogy of leaving your electronic communicaitons open and on her desktop? (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115685) |
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Date: July 20th, 2025 1:10 AM Author: Histrionic fat ankles That’s not what happened. She got a restraining order, kicking him out of the house. The DVTRO was complete bullshit, I filed a competing one, and both are expiring (her TRO and my client’s request for one (a competing DVTRO is always denied per statute)) next month pursuant to stipulation.
He didn’t remember that he was still logged into his Google account on the family tablet. He had other things on his mind as he did not see the DVTRO coming, had to suddenly move in with his parents, couldn’t see his kids, etc.
Wife went into the family tablet and accessed his gmail account and read his emails with me from September through May. That’s a lot different from leaving an email open on your computer when someone walks by.
I revise my rating. Your hypo is 148. |
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Date: July 20th, 2025 1:13 AM Author: Cerebral Puppy no that's exactly the same, he forgot he left his shit open, literally exactly the same (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115717) |
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Date: July 20th, 2025 1:18 AM Author: Histrionic fat ankles So what do you do for a living? HVAC? (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115721) |
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Date: July 20th, 2025 1:20 AM Author: Cerebral Puppy not shitlaw where I attempt to argue that its unfair that I pay for my own mistakes, good luck with the federal criminal charges because absent that all you have is an attempt to bias the judge (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115722) |
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Date: July 20th, 2025 1:24 AM Author: Histrionic fat ankles There is something called EQUITY. There’s another thing called JUSTICE. I hunt both of those things in court and it happens to be RANCID CUNT season. Yeehaw motherfucker. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115726) |
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Date: July 20th, 2025 1:44 AM Author: Cerebral Puppy you do realize that the court is not allowed to consider such matters when making a custody decision correct? Nor would it be relevant in any way to the divorce settlement. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115745) |
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Date: July 20th, 2025 2:48 AM Author: Histrionic fat ankles You sound confident, some might say pretentious, but I digress.
I’ve said at least TWICE NOW (I’m shouting because you are obviously hearing impaired), that I’m only seeking $10k in punitive sanctions and attorney fees and that custody isn’t an appropriate remedy.
I’m starting to lose patience with your pretentious ignorance. The burden of proof in family court is a preponderance. Are you sure you know what that means Mr. Super Lawyer?
I’m not asking what it means in whatever ivory fucking tower your fat tattooed ass is sitting in, but what it means in an actual courtroom and not in YouTube or TikTok comments.
I only need to prove by a preponderance that the bitch snooped. Once I do that her credibility is shot. She would lose any factual dispute regarding custody, any close calls will go against her so it creates something called “leverage”.
Not the kind of leverage you encounter on your HVAC job but the negotiating kind.
If you want to know more about family law you can just ask me. You don’t have to be an asshole unless that’s part of your shtick or something. Anyways, peace brother, it’s been fun.
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Date: July 20th, 2025 3:07 AM Author: Cerebral Puppy no I get it, that's what I said, you are attempting to introduce bias but that is technically wrong and below an officer of the court, you should report yourself and seek god, you don't have a colorable claim for sanctions (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115780) |
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Date: July 20th, 2025 3:41 AM Author: Histrionic fat ankles lol at this retard shtick (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115792) |
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Date: July 20th, 2025 9:52 AM Author: Cracking library ratface You have no clue how family court works- it's obvious from what you're saying. In my substantial experience with family law judges, they will ABSOLUTELY be pissed if they see hard evidence that someone is playing unfair. It may have no impact on custody but good luck to this woman on her next DVTRO attempt. Actually, I revise what I said. It WILL affect custody because when she invariably claims the husband is abusing/neglecting the children, the judge will remember that this woman doesn't play fair and it will color his view of her claims.
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Date: July 21st, 2025 4:44 PM Author: Cerebral Puppy yeah, that's the bias I am referring to retard (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49119582) |
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Date: July 22nd, 2025 12:28 PM Author: Histrionic fat ankles This is what DeepSeek thinks of you ITT:
He’s dangerously ignorant of family law. chilmata’s strategy (using the breach to undermine the wife’s credibility) is standard practice, and judges do penalize sneaky behavior in custody cases, even if no criminal charges stick.
Verdict: 80% troll, 20% clueless contrarian. Either way, not worth engaging seriously. |
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Date: July 22nd, 2025 12:30 PM Author: wild sapphire internal respiration garrison (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49121687) |
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Date: July 22nd, 2025 12:03 AM Author: Indecent People Who Are Hurt Hank, domestic court work is bowling w the gutter bumpers up. Of course you are right but he’ll make the point that wife was sneaky which may help his client later in some small degree. Anyway, let chilmata be chilmata. He’s having fun and trust me he won’t hurt himself or his client with this motion. Motions like this don’t backfire in domestic relations court like they would in civil court. They won’t get any traction either but the judge politely refrains from asking movant or his counsel why they are such dumbasses as to leave the email readily accessible in the first place, or the deeper questions about whether the privilege was waived by chilmata assuming he didn’t previously counsel client specifically to change his email access on all devices.
Practicing law in domestic court is less law and more just plain social work and what judge wants to beat up on a poor abused “social worker” who has to take shit from hysterical clients all day every day. |
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Date: July 22nd, 2025 4:00 AM Author: Histrionic fat ankles Only the client can waive privilege you stupid retard. Have fun on your deep dive. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49120666) |
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Date: July 22nd, 2025 11:29 AM Author: Indecent People Who Are Hurt Well, that’s your argument and you’d probably technically prevail on that, although to be sure a sloppy atty can waive it thru carelessness. Also your point doesn’t do the client much good if the CL is found to have waived it because he didn’t change his passcodes on shared devices, does it. |
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Date: July 22nd, 2025 12:24 PM Author: Histrionic fat ankles lol at you and hank scorpio pushing this morally bankrupt argument. This is why you guys are not judge material. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49121662) |
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Date: July 19th, 2025 5:57 PM Author: hilarious avocado school nowag I’m so glad you’re back living this life (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49114940) |
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Date: July 22nd, 2025 4:29 AM Author: Histrionic fat ankles Me too and we are in a nice little bubble here where my wife is the only black person for miles, literally. I only say that because I don’t want to be tempted by other sexy black women. Not that this place doesn’t have its problems. An old lady was complaining on facebook that she got a ticket for parking in a handicap space because her placard fell from her rear view mirror. Old white people are about to torch the police station. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49120679) |
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Date: July 19th, 2025 7:09 PM Author: Rough-skinned fragrant locale If you had this dynamic, wouldn’t it be better (or at least more fun) to send false flag messages that would spur the other side to make missteps? (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115080) |
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Date: July 22nd, 2025 4:23 AM Author: Histrionic fat ankles Yeah another attorney at my firm was coming up with some funny ideas along those lines but at the end of the day we are officers of the court, two wrongs don’t make a right, etc and so on. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49120676) |
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Date: July 19th, 2025 9:44 PM Author: Indecent People Who Are Hurt OP has good reasoning here for the big picture. The snooping wife scenario happens often and isn’t such a big deal as OP’s tech incompetent client thinks it is, but it’s a good chance to lay the groundwork for the larger goal regardless.
Edit: would add that this situation would make me add a warning slip to my intake packet and have future clients sign it to acknowledge i told them to change their email access codes and not to use a shared line. |
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Date: July 20th, 2025 12:46 AM Author: Floppy church building Your state have wiretapping law? (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115701) |
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Date: July 20th, 2025 1:11 AM Author: Histrionic fat ankles Pretty sure we do. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115713) |
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Date: July 20th, 2025 3:13 AM Author: fighting impertinent tattoo can u move for sanctions (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115783) |
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Date: July 20th, 2025 3:40 AM Author: Histrionic fat ankles Yes (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115791) |
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Date: July 20th, 2025 3:41 AM Author: Cerebral Puppy any real judge would be pissed as fuck at you for moving for sanctions because some divorce lawyer's client read the open emails on her ipad, you will get laughed out of court on that (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49115793) |
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Date: July 22nd, 2025 4:07 AM Author: Histrionic fat ankles You are either trolling, or naive/delusional. I really don’t care which one you actually are, but you are one of those things. If you actually happen to be naive or delusional then I feel sorry for you that you would have such strong opinions about something you are ignorant about which would be a sizable character flaw. If you are trolling then I rate your trolling 180. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49120670) |
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Date: July 22nd, 2025 12:34 PM Author: wild sapphire internal respiration garrison idk why youre being so aggressive itt. chilmata is an expert here. im a prestige boy who has some experience litigating in family court and everything hes said sounds familiar. the first time i came in with biglol lit shit the judge was fucking pissed. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49121700) |
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Date: July 20th, 2025 9:54 AM Author: heady telephone meetinghouse Remember when you were GC of FOUR companies and didn't have to deal with this bullshit. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49116092) |
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Date: July 22nd, 2025 12:12 AM Author: snowy submissive theatre Pitbull on a leash (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49120521) |
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Date: July 22nd, 2025 12:14 AM Author: Indecent People Who Are Hurt (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49120522) |
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Date: July 22nd, 2025 2:30 PM Author: Demanding native (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49122123) |
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Date: July 22nd, 2025 12:05 AM Author: mischievous university sweet tailpipe 180.
I used to love those moments. I’ve lost my fire and can’t muster the energy to care about most of my cases. |
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Date: July 22nd, 2025 4:09 AM Author: Histrionic fat ankles Sad! I’m not taking divorces anymore. DV and child custody only now. Got to keep it fun. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49120671) |
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Date: July 22nd, 2025 12:35 PM Author: wild sapphire internal respiration garrison seems to be the trajectory of everyone that practices family law for a long time. either check out or go crazy. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49121704) |
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Date: July 22nd, 2025 1:04 PM Author: mischievous university sweet tailpipe No there are some truly mentally ill people who enjoy meddling in other peoples family drama. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49121807) |
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Date: July 22nd, 2025 1:07 PM Author: wild sapphire internal respiration garrison that's part of the "go crazy" camp but i suspect they were already crazy and well suited to family law from the outset. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49121821) |
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Date: July 22nd, 2025 1:15 PM Author: Histrionic fat ankles I enjoy doing DV and custody disputes, but I don't like representing women who are trying to alienate the kids from their father. There are some female attorneys who thrive on that practice and it disgusts me. I much prefer fighting for equal custody rather than fighting to maintain a custody advantage that was gained from abusing the DVTRO process. For me, anyway, there is no enjoyment from "meddling" in lives. I enjoy helping people. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49121855) |
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Date: July 22nd, 2025 1:38 PM Author: wild sapphire internal respiration garrison (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49121932) |
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Date: July 22nd, 2025 1:49 PM Author: effete milk i wonder if i should try this field out for a spin. i truly hate women. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49121971) |
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Date: July 22nd, 2025 2:18 PM Author: Histrionic fat ankles Representing dads can be rewarding, but it can also be frustrating, particularly when the wheels of justice grind at glacial speed. I tell my dads they have to be patient and make zero mistakes, and if they can do that I will get them to 50/50 in a year or less. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49122076) |
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Date: July 22nd, 2025 2:17 PM Author: mischievous university sweet tailpipe I like trying DV cases. It would be great to have a whole practice devoted to it, but i don't think the volume is there.
I hate dealing with custody in general to be honest. It's extremely important because it impacts the lives of kids who usually have no say in in any of it. I just don't want to be the one to deal with those issues anymore. It's stressful and emotional. I agree there definitely are the gatekeeper moms who alienate kids, but I also think there's plenty of shitty dads who'd rather blame their ex-wives for their bad relationships with their kids than take responsibility.
I'd much rather fight about financial issues than kid issues. |
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Date: July 22nd, 2025 2:25 PM Author: Histrionic fat ankles Yeah, shitty dads suck too, but I find the gatekeeping mom to be a bigger problem in family law. They are the fucking worst.
Maybe the DV process isn't as abused there as it is here.
The problem in California is the "3044 presumptions" which refers to Family Code section 3044.
When a judge makes a finding of domestic violence it creates a "presumption" that the perp is an "unfit parent" and unfit parents cannot have legal or physical custody of their kids until they "rebut" the presumption.
That means they have to be supervised with their kids.
Right now we are setting DV trial in Spring/Summer 2026.
So when mom files a DVTRO against dad, if it is granted (95%) then dad will be restrained and supervised with his kids until trial.
If dad loses trial THEN the 3044 presumptions kick in and it usually takes 4-6 months to rebut the presumption of parental unfitness.
How do they rebut the presumption? Take a DV class, take a parenting class, show the judge the certificates and pretend you learned something.
It is the 3044 presumptions that lead to all this DVTRO abuse. Its bad. |
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Date: July 22nd, 2025 3:10 PM Author: wild sapphire internal respiration garrison im sure this has been litigated and there's no legal basis here, but this is one of the few actual due process violations as far as the spirit of due process. how can you take away someone kids away with your thumb on the scale like that? i get that the state is ostensibly looking out for the best interests if the kid, which trumps a parents rights... but cmon. the state cant take away your property without proponderance of the evidence but they can take your fucking kids? (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49122263) |
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Date: July 22nd, 2025 3:16 PM Author: Histrionic fat ankles Yeah, its bullshit but the 3044 presumptions keep me in business I guess (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49122293) |
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Date: July 22nd, 2025 3:26 PM Author: wild sapphire internal respiration garrison the whole restraining order system is complete fraudlies and seems to primarily exist for that type of shit as well as other abuses of the law. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49122322) |
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Date: July 22nd, 2025 6:24 PM Author: mountain cat Wow yeah that’s bad. In NJ, we just have law that says there’s a rebuttable presumption that the child is better off in the primary care of the non-abusive spouse. The issue usually comes when you’re at the start of a case and wife gets a TRO and then a temporary custody order in her favor. If the trial takes a long time, even if she loses, she’ll argue that we now have a status quo parenting arrangement that should continue.
The judges have gotten better and it’s really hard to get a FRO now. The calendar is also moving faster so it’s harder to abuse the system. Even with an FRO supervised parenting is rare unless the DV involved the kids. |
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Date: July 23rd, 2025 1:45 PM Author: chilmata The stability/continuity argument after a TRO seems worse imo. What do you do? Argue that it is the child's best interest to have equal time with both parents and then call a MFT as an expert to testify to that?
At least in this County we have a presumption that both parents should have equal custody unless there is a really good reason why they shouldn't which trumps the stability/continuity argument. |
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Date: July 22nd, 2025 11:30 AM Author: effete milk what happened? i cannot imagine anything happening here if she has access to an ipad with an account logged in (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49121496) |
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Date: July 22nd, 2025 12:41 PM Author: wild sapphire internal respiration garrison you should do some "women are 180" megathread. i love reading your shit.
is this woman contesting 50/50 purely out lf spite? how often does this happen? any common threads you've noticed in bitter scorched earth shrews you've noticed that men should consider a red flag? |
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Date: July 22nd, 2025 1:41 PM Author: Histrionic fat ankles I've noticed that women tend to have control issues. It isn't that they deny 50/50 custody out of spite; they don't like giving up control.
A lot of women actually do take on the primary caregiver role even when both parents are employed and I'm sure it feels unfair to share custody equally when the mom was doing the majority of the child raising prior to separation.
One particular pattern I noticed is that when the mother cheats on the father, she will go WWIII scorched-earth, file DVTRO, make up false allegations with the ultimate nuclear bomb being sexual abuse allegations against a child. |
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Date: July 22nd, 2025 2:25 PM Author: wild sapphire internal respiration garrison tyft.
the cheater shit makes sense. women versus accountability are undefeated. the times ive seen women flip out the most are when they are 100% in the wrong and got batty manufacturing reasons about how theyre not. i wouldnt be suprised if many of those women would pass a polygraph asking whether those fabrications were justified, and may even pass on whether claims conclusively disproven actually happened. |
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Date: July 22nd, 2025 2:28 PM Author: Histrionic fat ankles I'm convinced that the cheating wife has internalized her guilt and then rationalizes it away by demonizing the father. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49122116) |
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Date: July 22nd, 2025 2:32 PM Author: wild sapphire internal respiration garrison yeah that makes sense too. in either case they are mitigating their own guilt with the demonization; perhaps denying it completely or rationizing it. i don't think they know themselves and we're left to hypothesize. (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49122128) |
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Date: July 22nd, 2025 2:48 PM Author: Histrionic fat ankles I remember one consult in San Diego. Husband sits down and says, "I just want a quick and easy divorce but she said she wants World War 3," and I go, "Oh, she cheated on you," and he was all, "OMG how'd you know?" (http://www.autoadmit.com/thread.php?thread_id=5752282&forum_id=2],#49122191) |
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Date: July 22nd, 2025 3:14 PM Author: wild sapphire internal respiration garrison lmfao.
thanks for fighting the good. candidly my experience here is doing some pro bono restraining orders and guardian ad litem. guardian shit is super sad but i had a lot of fun with TROs in exactly the way you've described. i think you described is baseball bat law and ljl it really is. thanks for the content brother. |