Life
facebook ‘following’
no right to privacy
Many clients want to enlist a private
investigator to follow their significant
other to obtain information helpful to
their divorce case. They want to find out where
their spouse is going, who they are going with,
and what they are doing once they get there.
Financial questions such as how much one is
earning, or spending is often a source of contention.
However, through Facebook every client
may have access to this no-cost “private investigator.”
Facebook gives the “follower” instant
information where the other person is and may
have gone through checking-in features offered
by Facebook. Additional information of who they
are with and what they are doing with that person
can also be obtained through postings or pictures
and posts they are tagged in. There are countless
postings accidentally and regretfully posted for
all the Facebook world to see. Friends of a spouse
can also inadvertently disclose information not
meant for the unknowing spouse’s eyes.
The information contained in Facebook is often
the topic of interest and subject to review in a
court hearing. Once the proper foundation is laid,
Facebook posts are admissible as evidence just
as any photo or document may be. Many cases
have been won or lost because of exculpatory
Facebook posts provided to their lawyers.
Facebook is not only culpable as a source for
ongoing litigation but has all too often been
responsible for commencing the lawsuit. Facebook
provides instant and unbridled access
to old flames from high school, previous love
interests never pursued, and relationships ended
prematurely now inaccurately recalled as ending
because of bad timing or circumstances. It only
takes unhappiness at home to seek perceived
happiness in the home of another and a “poke” or
a “like” to begin the Facebook following.
James Sexton, Esq, a divorce attorney and author
of “If You’re in My Office, It’s Already Late:
A Divorce Lawyer’s Guide to Staying Together”
wrote Facebook Miranda rights that should be
read prior to signing up for the service:
You have the right to refrain from using this service
to document where you are, what you are doing,
what you are spending money on, and whom you
are spending time with. If you give up that right,
anything you post (or anywhere you check in or
any photos you get tagged in) can and will be used
against you (by me) in a court of law. You have the
right to try to delete things from your page once your
divorce has started, but I can assure you that my
staff captured screen shots of everything before you
were even served with the divorce papers. You have
the right to unfriend your spouse but trust me, some
of your “friends” like your spouse more than they
like you, and they’re more than willing to grant us
continued access even if you block your spouse. You
have the right to choose what you post, but remember:
Other people can tag you in photos, mention
you in their comments, and give access to anyone
who might be looking for a solid trail to follow if we
want to track your movements and/or spending.
Meet the Attorney
Amanda Salcido is an attorney practicing in family
and dependency law. She is also a soldier in the
United States Army JAG Corps. She take a personal,
hands-on approach in representing her clients. For
more information visit her website.
Salcido Law Office
Call Amanda to schedule
an appointment.
863-688-1728
SalcidoLawOffice.com
28 WomanToWomanMagazine.com
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