You wake up to a flood of angry texts. Your inbox is full of threats and accusations. Then you discover a social media post tagging your name, painting you as an abuser, and turning friends and family against you. In today’s hyper-connected world, domestic disputes can go viral, and digital evidence can be used to support serious criminal charges.
Technology has become both a tool for abuse and a source of potential evidence. If you're facing domestic violence charges in South Florida involving digital communications, it's crucial to understand your rights and the legal implications of this type of evidence. An experienced South Florida domestic violence defense attorney at The Law Offices of Robert David Malove can help you navigate these issues and present a strong defense.
How Technology May Be Used Against You in Domestic Violence Cases
You may be accused of:
- Cyberstalking. Constantly monitoring a partner's online activities, sending threatening messages, or using GPS to track their location may lead to stalking charges.
- Harassment. Sending a barrage of unwanted texts, emails, or messages through various platforms may be considered harassment.
- Impersonation. Creating fake social media profiles to post damaging content or contact a partner's friends and family may be used against you.
- Surveillance. Installing spyware on a partner's devices to intercept communications and access private information may be a form of abuse.
- Revenge porn. Threatening to share or posting intimate photos or videos online without consent is another form of domestic abuse.
Florida law takes domestic abuse allegations seriously, and digital evidence can play a significant role in these cases. Prosecutors may use texts, emails, social media posts, and other electronic communications to try to prove a pattern of harassment or intimidation.
It's important to remember that even if you didn't intend to be threatening, your words and actions can still be used as evidence of domestic violence. Heated arguments that may have been forgiven in the past can take on new significance when preserved in digital form.
Additionally, Florida has specific laws against cyberstalking (Florida Statute 784.048(1)(d)) and sexual cyber harassment, also known as revenge porn (Florida Statute 784.049). Depending on the circumstances, you could face charges under these statutes in addition to domestic battery charges.
Technology Can Be a Vital Part of Your Defense Strategy
If you've been accused of technology-facilitated domestic abuse, it's essential to contact a knowledgeable South Florida criminal defense lawyer right away. Your attorney can help you understand the potential consequences of the charges, preserve relevant evidence, and develop a strategic defense.
Some possible defenses against domestic violence charges involving digital evidence may include:
- Challenging the authenticity of the evidence. Just because a message appears to come from your account doesn't necessarily mean you sent it. If someone else had access to your devices or passwords, that could raise doubts about who was really behind the abusive communications.
- Arguing that the communications were taken out of context. Isolated messages can be misleading when viewed out of context. An experienced attorney can help present a complete picture of your relationship and communications.
- Asserting your constitutional rights. If digital evidence was obtained through illegal searches or surveillance, your lawyer may be able to exclude it from court.
- Challenging the alleged victim’s story. Digital records can be significant evidence for challenging the allegations against you. For example, we represented a client whose girlfriend accused him of throwing her against a wall and punching her. Our client was charged with domestic battery, but was insistent that his now ex-girlfriend never came to his house that night. We reviewed discovery and subpoenaed the ex-girlfriend’s Uber records. Once we had the Uber records, we put the coordinates into Google Maps, and it showed that the ex-girlfriend did not Uber to our client’s house. We created a PowerPoint for the State using the Uber records and Google Maps data to show that there was no way the ex-girlfriend was at our client’s home. After reviewing our presentation, the Lee County State Attorney dropped the battery charge, and the domestic violence case was dismissed.
At The Law Offices of Robert David Malove, we understand how overwhelming it can be to face domestic abuse accusations in the digital age. We're here to provide the knowledgeable guidance and fierce courtroom advocacy you need during this challenging time.
