SOCIAL MEDIA POSTS IN DOMESTIC VIOLENCE RESTRAINING ORDER DECISIONS
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark.
Credibility is the single most important factor in a Judge’s decision to grant a Final Restraining Order (FRO). With these matters, there is often little or no evidence detailing that events other than your testimony. If social media contradicts your testimony or demeanor, or shows you in a bad light, it can change the Judges’ opinion and you can lose your case in an instant.
It is important to disclose to your attorney:
- The platforms you use for social media (Facebook, Twitter, Instagram, TikTok);
- Any social media posts you made regarding the incidents outlined in the Temporary Restraining Order (directly or indirectly related);
- Any social media posts your adversary made regarding the incidents outlined in the Temporary Restraining Order (directly or indirectly related);
- Any social media posts you made related to your adversary (any and all at any time).
- Any social media posts your adversary made related to you (any and all at any time).
- Any social media posts you made regarding your adversary or any incidents contained in the Temporary Restraining Order posted AFTER the TRO was entered.
- Any social media posts your adversary made regarding you or any incidents contained in the TRO posted AFTER the TRO was entered.
It is vital to analyze these posts. If your profile or your adversary’s profile is accessible to you, or is accessible to the public, any post made on the account can be used as evidence. It is important for your attorney to know ahead of the Final Restraining Order hearing any social media posts that are related to this matter to formulate your legal strategy.
Even if the social media posts are not beneficial to your case, your attorney can prepare you and produce other evidence to protect you in relation to those posts. If you do not relay to your attorney this information, these posts could be produced by your adversary at trial and there may be nothing that can be done to protect you or salvage the damage done to your credibility by the social media post.
These posts can also demonstrate evidence related to the predicate acts of domestic violence which include harassment, stalking, assault, sexual assault, criminal mischief, and contempt of a restraining order.
Lastly, it is best practice to discontinue social media activity until the resolution of your matter. Anything you post may be used against you at trial. If you did post on social media, it is important to not delete the post as it could be viewed as spoliation of evidence.
Please view our previous posts related to domestic violence matters:
B.E.D. v. D.S.W.
R.T. v. Z.S.
D.C. v. E.C.
Evolution of Restraining Orders
P.E.O. v. R.J.
N.D. v. E.L.H.
S.M. v. J.M.
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