You say talk to him again? You've talked to him about this or similar issues before? I wouldn't want to tell you what you should do, but if it were me you bet I'd be heading to the police. I tell Jerk that he left and he no longer gets to control me. And I hold him to that in every way possible. So, yep, I'd head to the police. Who knows what else he's doing??? Good luck with this.
Do you know what kind of software and how did it get on your phone? Do you know what to look for to see if someone has something on your phone? Please let me know?