Wednesday, May 8, 2019

Domestic Violence Cases and Privacy

Do most people really understand Domestic Violence Law?   Probably NOT.

There are key privacy and personal issues involved in most domestic violence cases, and this includes actions involving using improper actions to manipulate, move, or otherwise take personal data, compromising datasets, private information, and most data or photos stored on a device-- including phones, tablets, notebooks, computers, etc.  In particular, we are finding more and more cases where litigants just can't help themselves when it comes to issues involving "sex" or sexual data, even if it's just texting--no pictures....further, we are seeing more cases of illegal interception of private data---and this is a super huge area of concern, or should be, to most attorneys.  Many new cases spring up when marital partners find out their partners have been cheating on them when they find out by synced messages?  How awful is that?



Data storage and data movement, electronic storage,etc---"syncing"--- is a huge issue. Normally it is not recommended, as we are finding that many people simply do not realize the ramifications of the actual movement of data. When people buy new phones, change carriers, add on tablets, etc--this opens the door wide for misuse of one's privacy, period.  We cannot overstate this enough. It is never actually necessary to "sync" anything--- but people fall prey to it because it seems easy enough to do.

If everyone realized how very dangerous it was, they would not be using that feature, and furthermore, using it when one doesn't know how it even works?

There are key family law cases involving such issues, normally there are privacy and personal issues, secret data, x rated photos, and the like. None of these things are what one will want in a divorce, or in any break-up, as they will become NON private issues quite quickly.  And if by some chance such data is filed with a TRO or DV TRO--- you will need to petition the Court to remove it. If it was "e-filed" all we can say is, good luck!!  It will cost time, money, and a lot of sweat. Furthermore, you will be totally embarrassed for life.  THINK before you start doing such things!!! We have key cases that touch on all of these issues.  If you have made a mistake, call us. We may be able to help you fix the blunders, or the wrong actions of another.  We can provide both legal advice and paralegal help.

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