• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Divorce, abusive husband, teaching, cell phone issues

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ccole

Junior Member
What is the name of your state (only U.S. law)? Mississippi

Alright, so my husband is an abusive ******* and I intend to divorce him as soon as I can. We have been separated for over two months. I used to be a teacher, but I broke my teacher ethics code(mistake on my part) and they were going to launch a "full investigation" against me, so I resigned (on good terms) with the county I work with to avoid all of that trouble.

Anyways, I am really close to a now formal student of mine. We have had no physical contact beyond a hug while I was a teacher. A week after I was officially resigned, I did kiss him(a very small peck on the lips). He is eighteen years old, and has been since October.

Recently, there was a big fiasco involving the police being called on my dad and husband for domestic violence, but it ended up with me having to leave the house. My husband had my phone, and took it to the school. Apparently, the school is in possession of my phone, and may be searching through it to find something to get me for Abuse of Power: statutory rape. There is nothing on there they could get me for. They do not have a warrant. The phone is in my mother's name, and my mother is willing go to retrieve it. When I asked an officer today about my phone, he said that my husband having it is a civil matter and must be dealt with a judge.

My question is this: Can the school( a government entity) participate in the possible recovery of electronic information from my phone without a warrant or a subpoena or anything? Why would the school be able to participate in a civil matter like this?

thanks.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Mississippi

Alright, so my husband is an abusive ******* and I intend to divorce him as soon as I can. We have been separated for over two months. I used to be a teacher, but I broke my teacher ethics code(mistake on my part) and they were going to launch a "full investigation" against me, so I resigned (on good terms) with the county I work with to avoid all of that trouble.

Anyways, I am really close to a now formal student of mine. We have had no physical contact beyond a hug while I was a teacher. A week after I was officially resigned, I did kiss him(a very small peck on the lips). He is eighteen years old, and has been since October.

Recently, there was a big fiasco involving the police being called on my dad and husband for domestic violence, but it ended up with me having to leave the house. My husband had my phone, and took it to the school. Apparently, the school is in possession of my phone, and may be searching through it to find something to get me for Abuse of Power: statutory rape. There is nothing on there they could get me for. They do not have a warrant. The phone is in my mother's name, and my mother is willing go to retrieve it. When I asked an officer today about my phone, he said that my husband having it is a civil matter and must be dealt with a judge.

My question is this: Can the school( a government entity) participate in the possible recovery of electronic information from my phone without a warrant or a subpoena or anything? Why would the school be able to participate in a civil matter like this?

thanks.
It's not your phone.

That aside, it should be the least of your worries. You need an attorney.
 

single317dad

Senior Member
If the school is "searching the phone", they're idiots. If there is a potential criminal prosecution in the works, the police should be handling the investigation. The school can't get a warrant at any rate.

Quit diddling with your students. Whatever you did to violate the ethics code leads me to believe there was more than a hug involved. Your continued involvement with this student is inappropriate and will end badly for you.
 

not2cleverRed

Obvious Observer
Ouch.

Anyways, I am really close to a now formal student of mine. We have had no physical contact beyond a hug while I was a teacher. A week after I was officially resigned, I did kiss him(a very small peck on the lips). He is eighteen years old, and has been since October.

While your former student is technically an adult, you are still showing incredibly poor judgement.

And no, I say this not because you are a woman, but because you are obviously in need of... something, because you are making incredibly stupid choices.

You allege that your husband is abusive... but sound so incredibly casual about it that one has to wonder if the "abuse" is criticizing you for "getting close" to children. Whereas your "Abuse of Power" sounds highly plausible.

You husband taking the phone is a civil issue. What he does with it... well, seriously, how is the school really to know whose name the phone is in? Would information gleaned from it be admissible in court? Under the scenario stated, probably not. BUT they can probably get enough information to have an idea of where to search for admissible information... And really, what is your recourse? Are you going to sue the school?
 

Bali Hai

Senior Member
What is the name of your state (only U.S. law)? Mississippi

Alright, so my husband is an abusive ******* and I intend to divorce him as soon as I can. We have been separated for over two months. I used to be a teacher, but I broke my teacher ethics code(mistake on my part) and they were going to launch a "full investigation" against me, so I resigned (on good terms) with the county I work with to avoid all of that trouble.

Anyways, I am really close to a now formal student of mine. We have had no physical contact beyond a hug while I was a teacher. A week after I was officially resigned, I did kiss him(a very small peck on the lips). He is eighteen years old, and has been since October.

Recently, there was a big fiasco involving the police being called on my dad and husband for domestic violence, but it ended up with me having to leave the house. My husband had my phone, and took it to the school. Apparently, the school is in possession of my phone, and may be searching through it to find something to get me for Abuse of Power: statutory rape. There is nothing on there they could get me for. They do not have a warrant. The phone is in my mother's name, and my mother is willing go to retrieve it. When I asked an officer today about my phone, he said that my husband having it is a civil matter and must be dealt with a judge.

My question is this: Can the school( a government entity) participate in the possible recovery of electronic information from my phone without a warrant or a subpoena or anything? Why would the school be able to participate in a civil matter like this?

thanks.
Why does this seem to happen in the south? Jesus, when I went to school I got the crap beat out me for whistling at a female teacher. I guess times have changed.
 

commentator

Senior Member
North South East or West, these are immature young women with "abusive husbands" who turn to younger boys whom they honestly believe are "old souls" and who are maturely and sincerely interested in a relationship with them. It's the same mental set anywhere.

But I'd strongly strongly bet we have gotten only a very small part of the story from her here. We'll probably be seeing her on "Dr. Phil" someday. What is really sad is that this very mixed up woman has spent several years, and quite probably still is paying off student loans that she took to prepare herself for a teaching career, and she's on the verge of losing this credential (if she hasn't already) and her ability to become employed ever again in almost any field by committing what she believes to be a harmless flirtation, which is really on the verge of becoming a sexual crime. She needs to totally avoid old "peck on the lips" boy, and get a very good attorney right away to deal with the school and the cell phone and what all.
 
Last edited:

Bali Hai

Senior Member
North South East or West, these are immature young women with "abusive husbands" who turn to younger boys whom they honestly believe are "old souls" and who are maturely and sincerely interested in a relationship with them. It's the same mental set anywhere.

But I'd strongly strongly bet we have gotten only a very small part of the story from her here. We'll probably be seeing her on "Dr. Phil" someday. What is really sad is that this very mixed up woman has spent several years, and quite probably still is paying off student loans that she took to prepare herself for a teaching career, and she's on the verge of losing this credential (if she hasn't already) and her ability to become employed ever again in almost any field by committing what she believes to be a harmless flirtation, which is really on the verge of becoming a sexual crime. She needs to totally avoid old "peck on the lips" boy, and get a very good attorney right away to deal with the school and the cell phone and what all.
Sounds like you are going to bat for her in a sense. Would you do the same for a male teacher? I think not!
 

commentator

Senior Member
Yep, "in a sense" I certainly would. There's a sort of profile for young men teachers who have relationships with their students too, same immaturity issues, same defective personality patterns. This doesn't mean I am excusing it, just saying it occurs both in the cultures of the northern states and the southern states, and that it is a sad thing that young people who've thought they had a sincere desire to be teachers don't usually go into the profession so they can sexually molest their students. It is something that seems to crop up in our society and ruin many lives, including theirs as well as those of their victims.
 

Pinkie39

Member
Yep, "in a sense" I certainly would. There's a sort of profile for young men teachers who have relationships with their students too, same immaturity issues, same defective personality patterns. This doesn't mean I am excusing it, just saying it occurs both in the cultures of the northern states and the southern states, and that it is a sad thing that young people who've thought they had a sincere desire to be teachers don't usually go into the profession so they can sexually molest their students. It is something that seems to crop up in our society and ruin many lives, including theirs as well as those of their victims.
I'm inclined to agree with Bali. There's a double standard in our society when it comes to female teachers having sex with students vs male teachers with female students.

The females are looked at as just horny "cougars" and it's often laughed off, with comments from adult men saying stuff like "I wish I had a hot young teacher like that when I was in high school". But when it's a male teacher with a female student, then men are viewed as dangerous perverted predators.

I'm betting the female teachers get a slap on the wrist in court too, compared to the males. And what about the female teachers who become pregnant by their underage students? How many of those students are then ordered to pay child support to their molester?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top