Social media seems to run into every aspect of modern lives with the rise in mobile technology and social sites such as Facebook and Instagram. These social media sites are often utilized as fun tools to reconnect with old friends or keep in touch with current ones. However, lurking behind the fun of social media is great potential to damage your case in a divorce, custody or alimony battle. The opposing party may use your statuses, posts and photos as evidence in trial. If you are going through a legal battle stop and think before you post or before you allow someone to tag you in a post, “If a judge saw this post or photograph and nothing else, would this harm, benefit or have a neutral impact on my case?”
For example, if you are fighting over alimony it may not be in your best interest to post photos of yourself on vacation, getting your nails done or buying expensive non-necessary items. Anything you post online is public to hackers and computer savvy private investigators, regardless of how strict your privacy settings are.
The judge does not have to take context clues into consideration when examining evidence presented that is something posted online. For example, if you post about your child being sick with a fever at 6pm, again at 10pm and then post “partying it up tonight” with sarcastic reference to caring for your sick child your ex may take the third post and present it to the judge as you out partying on a night when the children are in your care.
Always exercise caution before posting online, especially if you are going through a legal battle, whether it is a family law, criminal or personal injury issue. If you are fighting a DUI it may not behoove your case to tag yourself barhopping on a Friday night, or if you’re in the middle of negotiating a personal injury settlement it may not behoove you to tag yourself working out with heavy weights.
As always, call Platt Cole Russell & Simpson PLLC at 321-725-3425 to schedule a free consultation.
