Social Media Evidence In Family Court Proceedings

In our digital age, there can be a lot of evidence that is posted on social media. Whether on purpose or accidental, once it is posted publicly it can be used in court. This evidence can be helpful during family law proceedings including child custody and divorce. If someone deletes a post that could have held evidentiary value, they can be prosecuted in court.

Any evidence that is deemed by the court to spoil evidence can lead to potential litigation. Even the act of deleting a social media account can be considered as an act to spoil evidence that may be incriminating. In today’s post, we’ll look at some of the implications of deleting social media posts or accounts and the impact it can have on a divorce or child custody case.

If you are in need of an expert family lawyer to help you handle child custody, divorce, or other complex legal discussions, get in touch with the Law Office of Jordan B. Rickards. Our New Jersey family lawyer is here to give your case the attention that it deserves and help you work towards the best outcome for you. We will thoroughly investigate social media posts and work to bring that evidence to court! Contact our Milltown office today to learn more.

Social Media Evidence

In family law proceedings, both partners have an obligation to preserve evidence that may be used in court during their divorce or other filings. This responsibility also includes preserving digital evidence, including social media posts, profiles, and other online information.

For instance, in some custody agreements, the parents are required to consult with each other before taking the children to potentially risky areas such as pools. If one parent takes the child to a trip to a water park without consent of the other parent, and then posts pictures on social media of the child at the water park, these can then be used as evidence. However, if the other parent sees them and files a court case involving this evidence and the social media post or profile is deleted, that parent can be sanctioned for spoiling evidence, as well as violating the parenting agreement.

Spoiling The Evidence

A person is legally held responsible and sanctioned for destroying evidence in the event that:

• The person was responsible for preserving the evidence
• The person deleted or destroyed the evidence
• The other parent could use the evidence in court to prove that the person has violated an important clause of the parenting agreement or court order

In the example we used above, the parent that deleted their social posts about the water park would be sanctioned for spoiling evidence that could incriminate them in court. So even if you have posted something that could be incriminating in court, it is important not to delete it, as the punishment could become even more severe depending on your case.

Get Family Law Help In New Jersey

The consequences for deleting an incriminating social media post or account can be more serious than if the evidence were preserved in court. What this means is that you need to not only be careful about what you post on the internet, but also what you delete. If you need help in a family law case, it is imperative to get an aggressive New Jersey family lawyer on your side. Whether you are defending yourself against accusations or you have found fault in your former partner, the Law Office of Jordan B. Rickards will advise you every step of the way. We will work to preserve all evidence, including social posts as we help with your case. Contact us today to get started!