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Using Digital Mediums as Evidence in a Domestic Violence Case

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If you are in danger and do not feel comfortable near your ex-spouse, you may need to gather evidence to prove that you are in harm's way and to convince the court to issue a restraining order. Recently in Portland, Maine, a Supreme Court justice says that a cell phone company was required to turn over more than 50,000 text messages in a divorce case to prove that a protection order was legitimate. One justice says that U.S. Cellular violated federal privacy laws by turning over the text messages.

The lawyer advocating for the husband in this case says that he used subpoenas to get texts between his wife and another man. This attorney as suspended from the case for six months because the courts declared that the subpoenas violated the woman's privacy rights. A spokeswoman from U.S. Cellular Corporation is currently looking into the matter. The judge ordered the Maine Board of Overseers of the Bar to alert the state and federal prosecutors about U.S. Cellular's practice, and claims that the company violated the federal Stored Communications Act.

If this is true, it has a massive implication on other cases where a spouse may want to obtain cell phone records to prove danger and secure a restraining order against a spouse. If you want to learn more about this situation, talk with your own Los Angeles divorce attorney today. There are some constitutional and trustworthy ways to obtain evidence that prove abuse, but this does not happen to be one of them.

You will want to consult with your attorney about this best ways to collect information without violating privacy. You may be able to share e-mails with the court if they are not private and were in your inbox. Also, Facebook statuses or Tweets that indicate danger or potential violence may be used as evidence to obtain a restraining order. Talk with a Los Angeles divorce lawyer at Claery & Hammond today to learn more!

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