Technology When Facing Domestic Violence Injunctions – What You Do Not Know Can Hurt You
Floridians rely on a vast array of technology and innovations designed to make life easier, so you probably have multiple devices for use at home, in your car, and even in your back pocket. Statistics indicate that Americans are more connected than ever: Cell phone ownership stands at 97 percent, while around three-quarters of individuals own a desktop or laptop and half possess a tablet computer. People of all ages use these devices to access social media, send emails, text, watch videos, shop, and many other activities.
However, it is important to understand how your usage of technology could impact your interests when it comes to domestic violence allegations. Your online and other electronic interactions may tell a story that you thought was under wraps, and the information could potentially be used in court. Your Dade City domestic violence attorney will develop a strategy to protect your rights, but you should be aware of a few details about the role of technology.
Your social media posts are “witness” testimony. The content you post online tells a story, and it might be one you expected to keep private. However, even when you establish high security settings, it is possible for someone other than you to access your social media profile. Facebook, Instagram, and Twitter often cooperate with investigations into domestic violence allegations – for both criminal cases and civil orders of protection. They may not even require a search warrant to review:
- Your photos and videos;
- Comments on other’s profiles;
- Tags and check-in’s that establish your activities and location;
- Employment status and residence; and
- Many other details.
Cell phone records can be used against you. When you use your phone to text, make calls, or send emails, you create a paper trail of information. If the recipient is also the accuser, you can expect that these details will be used as evidence to support a domestic violence injunction. You will not even have a chance to contest the communications at the initial hearing: In an emergency situation, you will not be served with court documentation until after the proceeding concludes and an order of protection has already been entered against you.
Technology-based evidence can be used in multiple ways. After getting access to your electronic devices, social media profiles, and other online content, the information may:
- Establish motive for acts of domestic violence;
- Pinpoint your location for purposes of placing you at the scene;
- Form the basis for additional charges;
- Confirm the accuser’s allegations; or
- Identify other witnesses.
Still, there are plenty of ways technology can support your case. This information may disprove the accuser’s claims, demonstrate a lack of credibility, or provide an alibi.
A Florida Domestic Violence and Injunctions Lawyer Can Provide Additional Details
You are already under intense scrutiny if someone has accused you of domestic violence, so avoid making things worse through technology missteps. To learn how our team can assist with defending the allegations, please call 352-567-0055 or go online to set up a consultation at The Law Office of Laurie R. Chane.
Resource:
pewresearch.org/internet/fact-sheet/mobile/
