Social media is a very helpful tool in this digital age. In cases of disaster, social media has proven to be effective in disseminating information such as the case of the largest flooding in Asia in recent history, the Thailand 2011 flood. For a large organization, social media offers the opportunity to communicate with its users, which in this case their employees. Truly, an HR professional’s dream!
Social media platforms can offer a ground where people can contribute ideas, engage with their community, or even showcase their talents. Ideally, these are the opportunities that social media can provide its users.
However, when you’re going through a litigation, your use of social media may do more harm than good.
Kisses of Death: Social Media Use and Online Behaviors
In our latest video, Atty. Tyler Monahan had shared what he calls as “kisses of death” during your divorce.
He explicitly says that social media use and other online behaviours such as texting and emails as these kisses of death or activities that could potentially harm your pursuit of a case.
These online behaviors can easily be taken and used as evidence during the litigation. Basically, he explains the reasons why you could be giving these kisses of death to your divorce case.
Social media use is often taken as harmless. Take a video of one of your children and post it on a social media platform with a cute caption… Harmless?
Post a photo of yourself at a party and make it public… Harmless?
Have a brand-new car? A brand-new designer watch? Or did you just come from a lavish vacation to an exotic island? Harmless? Or so you might think…
These posts may seem harmless at the time, but remember that they can be used against you simply because of how easy it is to be taken out of context.
What was once considered to be harmless can become one’s downfall even if you try to delete them.
Legal Rights and Social Media Use
A big contention to bring social media posts to hearings as evidence is the violation of one’s privacy. Surely, there’s some way that these social media platforms keep one’s privacy? Not necessarily. Let’s take a quick look at Facebook’s current Privacy Policy.
When you sign up on Facebook, you are agreeing with the below policy regarding the release of your information to law enforcement. This can include any legal requests following the circumstances stated below:
Source: Facebook.com
Source: Facebook.com
In short, Facebook will release, in good-faith belief, important information that you have shared on their platform to legal authorities when requested (ie. subpoena, search warrant).
That being said, because one has signed up on their platform, it is now one’s responsibility to be careful about what they share when they’re going through a divorce.
Using Social Media Wisely
During a divorce nobody hears the Miranda Rights which goes:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
The first two lines are what we could apply whenever we’re on ANY social media platform–“You have the right to remain silent. Anything you say can and will be used against you in a court of law…”
It might be helpful to remind ourselves that the responsible use of social media platforms lie in the user and not on the social media platforms. Especially in a delicate situation such as a child custody battle.
Consult a Divorce Attorney in Fort Worth, Texas Today!
Social media posts and other online activities are easily seen as harmless. After all, they’re only on one’s computer or phone. But when you go through any legal case, these posts might easily fall in the hands of the defence team and be used against you.
Sure, these activities are private. But platforms, such as Facebook, have special clauses regarding providing information requested through a legal search warrant or a subpoena.
Definitely, reckless use of social media and other incriminating conversations are things that you should not do during a divorce proceeding. Remember, all eyes are on you. Use social media wisely!
For any legal concerns, get in touch with Turner-Monahan, PLLC in Fort Worth, Texas today.
