An abuser could misuse connected devices, also known as smart devices, to monitor, harass, isolate, or otherwise harm you.  An abuser could hack into these systems with a device connected to the network in order to control your devices or access your personal information. An abuser who uses your tech to track your actions may do so secretly or out in the open as a way to control your behavior by:

• taking pictures or video of you;
• keeping logs of your activity like those from a fitness tracker or your car’s GPS. These could reveal if you left the home to seek court protection, for example;
• eavesdropping on you; and
• gaining access to your email or other accounts linked to the smart devices.

An abuser could specifically misuse connected devices that you use to control your home by:

• turning lights and appliances on or off in your home;
• adjusting the temperature to uncomfortable levels;
• playing unwanted music or adjusting the volume;
• triggering home invasion and smoke alarms; and
• locking or unlocking doors.

Abusers can misuse features of connected cars, too, by controlling features remotely, such as heated seats, emergency braking, or remote steering technology. If an abuser with access to these features figures out how to control the speed or brakes of your car, this could put you in serious danger.

Note: Without access to your passwords, gaining control over your smart devices may require more tech savvy than most people have. However, other information could be easier for a non-tech-savvy abuser to access. When devices are connected through a data network or the internet, for example, an abuser may be able to log into that system to get information about how those devices were used. This information could include when you come and go from your home or where you drive your car.

Laws that apply to electronic surveillance could apply if the abuser is using connected devices to watch (surveil) you or otherwise abuse you. 

Cyberstalking means misusing the internet or other technology to stalk and harass someone.  A stalker may contact you by:

• email;
• social media sites;
• a messaging app; or
• through other online spaces/websites. 

The person may do any of the following:

• post messages about you;
• spread rumors about you;
• harass your friends or family;
• recruit other people to harass you;
• impersonate you;
• share your personal information or pictures of you online to harass or scare you;
• use technology to find/track your location and to monitor what you do online or offline; and
• create fake images or recordings of you (“deepfakes”).

A stalker or harasser may also target your friends or family. This is a risk factor for the stalking getting worse. You can learn more about risk factors at the Stalking Prevention, Awareness, & Resource Center (SPARC) website.

Even if your state does not have a criminal law specifically against “cyberstalking,” that doesn’t mean it isn’t a crime. In most states, repeatedly contacting or harassing a person through the internet or other technology is still considered a crime under the state’s stalking or harassment laws.  It’s important to know that even if you were originally okay with the person contacting you, it could still be illegal if you make it known that the contact is now unwanted. To read your state’s specific laws, you can go to our Crimes page and enter your state in the drop-down menu.

“Doxing” is when someone weaponizes your private or identifying information by collecting and publishing it. That person may be trying to scare, humiliate, blackmail you, or encourage others to harm you or sexually assault you. The information posted publicly could include your:

• name;
• address;
• phone number;
• email address;
• photos;
• finances;
• family members’ names;
• social media accounts; and
• other things.

An abuser who wants to dox you may already know a lot of this information about you. If not, s/he might look for your information online through search engines, social media sites, or even by hacking into devices or accounts. An abuser may reach out to your friends or family members pretending to be you or a friend of yours. This could allow them to get more information about you.

There may not be a law in your state that specifically identifies doxing as a crime. But this behavior may fall under your state’s stalking, harassment, or criminal threat laws. To see what laws in your state may protect you, visit our Crimes page and enter your state in the drop-down menu to see the laws related to harassment.

NNEDV’s Safety Net Project has two resources that can help if you have been doxed or are worried about it: Removing Sensitive Content from the internet and Password Safety.

Cyberbullying is unwanted and aggressive behavior targeted at a specific person through the internet and other technology. A cyberbully may repeatedly send offensive, insulting, hurtful or threatening text messages to you. S/he may use social media to post rumors or share personal information about you.

Not all states have cyberbullying laws. Many laws that do exist only apply to students or minors since “bullying” is typically associated with children and teens. If you are being cyberbullied and your state doesn’t have a cyberbullying law, it’s possible that the your state’s stalking or harassment laws may apply.

One place you can find cyberbullying laws is on the Cyberbullying Research Center’s website. Another is at stopbullying.gov.

Cyber flashing is when someone sends you an unwanted naked or sexual photo or video on the internet, through an app, or by text message. Most often, this takes the form of someone sending an unwanted picture of his/her genitals or exposing one’s genitals over live video. Cyber flashing can be done by someone you know or by a stranger. It can happen in lots of different situations - for example:

• on dating apps or websites;
• on social media;
• over text, WhatsApp, or other messaging apps;
• during a video call;
• over email; or
• through Airdrop or another app that allows someone to share files with people close by.¹

Cyber flashing can be considered a form of online harassment and sexual harassment. In some cases, it may be part of a pattern of abuse designed to cause you emotional distress. A few states have specific laws that make it a crime or specifically state that it can be the reason to sue the abuser in civil court for money damages.

¹ Information adapted from Rape Crisis England and Wales

Whether recording a conversation is illegal depends on your state’s laws. Some states allow recording of calls and in-person conversations without consent of the other person involved. These laws may allow you to record a conversation between you and someone else without that person knowing. On the other hand, this means that the abuser may also be legally allowed to record a conversation with you without your knowledge or consent. These types of law are often called “one-party consent” recording laws.

Other states require consent to record from everyone who is a part of the conversation. Without that consent, recording a conversation might be considered illegal, at worst, or just not admissible in court, at best. The “two-party consent” laws make it much more difficult for victims to gather evidence of threats or abuse.

Although some state’s recording laws may refer specifically to “telephone calls,” there are other types of voice calls these days besides phone calls. Many apps, like Discord and WhatsApp, can be used for voice calls. There are also video calls using apps like Zoom and FaceTime. You may want to find out how your state’s recording laws apply to these types of technology if you are hoping to record such a call. A lawyer who is knowledgeable about privacy laws should be able to provide legal advice.

Most states have specific recording, eavesdropping, or wiretap laws that deal with the issue of whether consent is needed for a recording to be legal. You can check your state’s Crimes page to look for any laws related to recordings or you can check the Reporters Committee for Freedom of the Press website. It has a lot of state-by-state information on recording laws.

Whether or not a recording can be used in court may likely depend on whether the recording was made in line with your state’s laws regarding consent for recordings. Generally, evidence gathered illegally cannot be entered “into the record” in court. But, even if you have recordings that were legally created, whether you can use them in court will still depend on your state’s rules of evidence. So, for example, you may have to prove the truthfulness (authenticity) of the recording to the judge and convince the judge whose voice or image is in the recording.

Another possible challenge with getting a recording admitted into evidence is that the recording may be considered hearsay. Hearsay is basically an inadmissible out-of-court statement. There are several exceptions to the hearsay rule, one of which could be used to allow a recording to come into evidence. You can read more about hearsay and the exceptions to hearsay in our Preparing for Court – By Yourself section. 

After considered these factors and others, the judge will decide whether it is appropriate under your state’s rules of evidence to allow the recording to be accepted (“admitted”) as evidence. It may be helpful to speak with a lawyer in your state. A lawyer can give you advice about whether recordings that you think are important to your case might be allowed into the court hearing. The lawyer can also advise on how to object to recordings that the abuser may try to enter into evidence in court.

Spoofing is a type of masking or hiding one’s actual phone number by having a different number show up on the recipient’s caller ID. The fake number is chosen by the spoofer.

An abuser could use spoofing to trick you into picking up the phone if you would not pick up a phone call that comes from the abuser’s number. Depending on what number the abuser enters into the spoofing app, you might think you are receiving a telephone call from a family member, an advocate, your lawyer, or the courthouse. Be cautious if you receive a call that appears to come from the courthouse, for example, telling you that your court hearing date has been changed. This may be a way the abuser is tricking you into missing your court date.

Another way that an abuser can use spoofing for impersonation is by calling others with your phone number as the “caller.” The abuser may pretend to be you to cause problems with your personal or professional life. An abuser may also do this to create a false record of you calling him/her multiple times in order to report you to the police or courts for harassment. However, you can prove that you did not make the calls since they would not appear on your phone bill in your outgoing call log.

Some spoofing apps allow users to alter their voice as well so it appears to come from another gender, for example. Or it could be used to add background noise or record the call.

It depends on whether the person doing the recording is part of the activity or conversation and, if so, if state law then allows that recording. In most circumstances, what is generally referred to as “spying,” meaning someone who is not a part of your personal/private activities or conversations monitoring or records them without your knowledge, is usually illegal. The differences between these two are explained more below.

If the person is part of the activity or conversation:
Many states allow someone to record a phone call or conversation as long as one person (including the person doing the recording) consents to the recording. Other states require that all parties to the communication consent. 

For example, if Jane calls Bob, Jane may legally be able to record the conversation without telling Bob under state X’s law, which allows one-party consent for recordings.  However, if state Y requires that each person involved in the conversation know about and consent to the recording, Jane will have to first ask Bob if it is OK with him if she records their conversation in order for the recording to be legal. To learn more about the laws in your state, you can check the state-by-state guide of recording laws from the Reporters Committee for Freedom of the Press.

If the person is not part of the activity or conversation:
There are several criminal laws that address the act of listening in on a private conversation, electronically recording a person’s conversation, or videotaping a person’s activities.  The names of these laws vary across the country, but they often include wiretap, voyeurism, interception, and other recording laws.  When deciding which law(s) may apply to your situation, this may often depend on the circumstances of the surveillance and whether you had a “reasonable expectation of privacy” while the abuser recorded or observed you.  Legally, a reasonable expectation of privacy exists when you are in a situation where an average person would expect to not be seen or spied on.¹  For example, a person in certain public places such as in a football stadium or on a main street may not reasonably have an expectation of privacy, but a person in his/her bedroom or in a public restroom stall generally would.

¹ See Katz v. United States, 389 U.S. 347 (1967) (noting that “what a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.”)

There are various laws that an abuser may be breaking by electronically surveilling someone or by recording someone’s private conversation without their consent.   

Some states have specific laws that address the recording of telephone, online, or in-person conversations.  If someone who is not a part of your conversation records the conversation without your consent, it may be illegal even if you know that person is listening to you speak.   Below, we give general definitions of various types of crimes.  To read the specific language of the laws in your state, go to our Crimes page.

WIRETAP

Wiretap is a form of electronic surveillance where a person monitors or records telephone communications.  Most typically, people think of wiretapping as a way that law enforcement tracks criminals or gets access to incriminating evidence.  However, wiretaps are also something that abusers and stalkers have misused to listen in on and record telephone conversations. Many states have laws that criminalize wiretapping. In addition, most state wiretap laws also address whether someone who is part of a conversation is allowed to record that conversation without the permission of others.

INTERCEPTION

Interception occurs when someone who is not part of a conversation uses technology to interfere with the communication so that s/he can overhear or record the conversation.  Interception laws usually apply to communication other than telephone conversations, such as email and text messages.  Many states may have either an interception law or a wiretap law; so, if you don’t find one in your state, look for the other.

EAVESDROPPING

Eavesdropping is the crime of listening in on or recording another person’s private conversation without the consent of one or both of the parties.  Eavesdropping can be done in various ways, some of which may not involve complex technology.  For example, if you are talking on a landline at home, someone else can pick up another receiver in your home and listen in.  If someone wants to record your conversations, this could be done on a basic tape recorder or by using an app or software to monitor and record conversations on your smartphone.  Eavesdropping laws generally apply when the parties have a reasonable expectation of privacy.

INVASION OF PRIVACY / VOYEURISM

Invasion of privacy laws can apply to situations where an abuser misuses technology, such as a surveillance device, in order to observe, monitor, or record your personal or private activities.  This may include taking nude or partially nude photos or videos without your consent.  It can also include when an intimate partner secretly videotapes sexual acts without the consent of his/her partner.  Voyeurism refers to the act of spying on someone for sexual pleasure.  Voyeurism does not always include videotaping or the use of electronic devices (it may apply to physically spying on someone), but the act of videotaping your sexual activity (or nudity) without your consent and knowledge could fall under the crime of voyeurism if there is no “invasion of privacy” law in your state.

Impersonation generally refers to when someone uses a false identity and commits acts that will result in personal gain or that will deceive or harm another person.

There are many ways that abusers misuse technology to help them impersonate someone.

Social Media
Abusers might create fake social media accounts in your name, log into your accounts by having or guessing the password, or manipulate technology in a way that makes it seem like a communication is coming from you. Through impersonation, abusers may gather confidential or personal information about you from your friends, family, or employer; spread harmful information about you; or even create false “evidence” that casts doubt on your courtroom testimony or on your version of events that you included in a court petition or police report. Some abusers have even created fake messages to make it look like they are the person who is getting harassed. Additionally, an abuser may try to impersonate you or someone else online as a way to learn information about your location or trick you into meeting him/her somewhere.

Email
Abusers may create “fake” email accounts (accounts not connected to their own name) for various reasons. They may use the accounts to send harassing emails that look like they are coming from someone else or that mask their identity as the sender. In many cases, however, the original sender can still be proven with the help of law enforcement.

Abusers may also send an email from these “fake” accounts to trick you into opening a message that contains a virus or spyware that would then allow them to spy on your computer. Abusers may also create an email account in your name in order to send emails to others while pretending to be you. This could be done because they are trying to embarrass you, discredit you, put you at risk of harm, or cause some other negative consequences in your life.

Spoofing
Spoofing is a form of impersonation where an abuser could mask or hide his/her actual phone number so that another phone number (chosen by the user) shows up on the recipient’s caller ID. You can find more information about spoofing in on our Spoofing page.

Online impersonation
An abuser may also use your private information to pose as you on the Internet and invite others to harass you or put you in danger. For example, an abuser may create an advertisement (posing as you) directing others to contact you for escort or massage services, or inviting others to come to your home or call your home for a specific purpose.

Some abusers could even use impersonation to encourage others to sexually assault you. An abuser could include information in the advertisement or online post that states that you have a “rape fetish” or “rape fantasy” and asks for someone to carry out this “fantasy.” The purpose of these types of online posts is so that the third party who is sexually assaulting you thinks that your protest or resistance is part of some type of “role-playing.” (Note: In these types of cases, the abuser who makes the post will often be charged with rape or solicitation to commit rape, in addition to whatever rape charges are filed against the person who actually commits the sexual assault).

Because domestic violence is about one person seeking power and control over another person, an abuser may misuse GPS technology to try to gain or keep control over you. For example, an abuser could use GPS to learn where you have been, and then misuse this information against you. Because GPS-enabled devices can be so small and easily hidden, an abuser could hide a device in your belongings or car. The GPS in your phone could also be used to track you. Your location information through the GPS in your phone is not automatically available to another person, but there are a variety of ways that an abuser could get that information. Some examples of how that information could be accessed is if an abuser shares a cell phone plan with you, if s/he can access your cell phone account, or if s/he has another way of accessing your information, such as through spyware, downloaded apps, or when your devices are synced to the “cloud” or your computer. An abuser may use this technology as a way to stalk you or to maintain power and control over you by not allowing you to have any privacy or autonomy. You can read more about this in Safety Net’s Survivors Guide to Location Tracking.

If an abuser seems to know too much information about where you have been or shows up in random locations that you did not share that you would be at, you may consider checking your belongings or car for hidden GPS-enabled devices. GPS can be included on a number of different types of devices, so you may need to look for something that you do not recognize or something that is out of the ordinary. A device will generally need a power source, so if a person has not had access to your belongings for a substantial period of time, you may want to see if there is a device that is connected to a power source like your car battery or under your dashboard. You may be able to get help from a professional to search your belongings. If you find something, an attorney, advocate, or law enforcement can help you determine what the device is and what to do with it. You can also find out a lot of information about a device if you do an online search with a description of the device that you found.

In addition to looking for unknown devices, it is also important to consider whether GPS is currently enabled on the devices that you already own. Devices to consider, include but are not limited to, your phone, your computer, a “wearable” device like a smart watch, and devices used by people close to you, like your children. Many “apps” and programs on your devices are GPS-enabled and could possibly send information to a person who intends to misuse that information. If you have any questions, a professional can help or you could try an online search with the words “how to turn off GPS on my [insert device name].” More information about phone safety can be found at limit location access on your smart phone.

You may also consider keeping a log of incidents related to the tracking so that you have evidence of a pattern or history to share with a lawyer or law enforcement.

GPS monitoring can be particularly dangerous if you are attempting to safely leave an abusive relationship since the abuser would be able to locate you. However, if you find a GPS device in your property, it can be important to safety plan with an advocate before removing any type of tracking device since removing the device may alert the abuser that you have found it. You may consider calling a domestic violence program from a public or third party’s telephone to safety plan if the abuser is tracking your location or monitoring your telephone.

Safety Net, a project of the National Network to End Domestic Violence, also has information on how you can limit location access on your smart phone and tips for staying safe if an abuser is using technology to monitor you.

The term “computer crimes” refers to a broad category of crimes that could include a number of criminal activities that violate your privacy or interfere with your data/technology. Computer crimes include but are not limited to, misusing a computer to steal information or something else of value, manipulate you, harass you, or impersonate you. Some of the crimes described can also be committed without the use of computers or technology, such as fraud or identity theft, but technology can often make it easier for an abuser to commit those crimes by assisting him/her with accessing or using your private information, copying your data, destroying your information, or interfering with your data or technology. Other crimes we describe, such as hacking, are specific to the use of computers or technology devices.

The term computer crimes can be used to describe a variety of crimes that involve computer use. Computer crimes do not include every type of misuse of technology. The list of possible crimes below is not all of the ways that a computer could be misused but will give you an idea of some of the more common forms of misuse. See our full Technology Abuse section to read about additional ways an abuser can misuse technology and other legal options.

HACKING

Hacking is when someone intentionally gains access to your computer without your permission or accesses more data or information than what you allowed. An abuser could gain access to your computer if s/he knows your password, if s/he has the skills to break into your system, or by using software designed to gain entry into your technology. An abuser could also hack into your account without your knowledge, including through the use of spyware. Therefore, it is important to keep safe passwords and to only use technology devices that you believe to be safe and free of spyware or malware.

SPYWARE

Spyware is software that allows someone to secretly monitor/observe your computer activity. The software can be inappropriately installed on computers and on other devices, such as tablets and smartphones. Spyware can be installed without your knowledge by either gaining physical access to your device or sending attachments that will download the software onto your device when you click on a link or download the attachment. Spyware is typically a “ghost file,” which means it runs hidden on your computer and can be difficult to notice or remove. Once spyware is installed, an abuser can see and record what you type, the websites that you visit, your passwords, and other private information. Many states have laws that specifically prohibit installing spyware on a computer without the owner’s knowledge. If your state doesn’t have a law that addresses spyware, you may check the other computer-related crimes to find out if the abuser’s actions are a crime.

PHISHING

Phishing is a way that an abuser may use a text message or an email that looks real or legitimate to trick or scam you into providing your personal information. The abuser could then go on to use your personal information to steal your identity, monitor you, or blackmail you.

FRAUD

Computer fraud is when someone uses computers, the Internet, Internet devices, and Internet services to defraud people, companies, or government agencies. (To “defraud” someone means to get something of value through cheating or deceit, such as money or Internet access.) An abuser could use a computer or the Internet to pose as someone else and defraud you or to pose as you and defraud a third party (to cause you to face criminal consequences, for example).

IDENTITY THEFT

Identity theft is the crime of obtaining the personal or financial information of another person with the purpose of misusing that person’s identity. An abuser could use your identity to destroy your credit score, attempt to make you lose your job, obtain public benefits in your name, or subject you to criminal consequences for his/her actions. Many times, abusers use information that they already have available such as a Social Security number, name and date of birth, and residential history in order to steal an identity. However, even if an abuser only has some of the above information, s/he could still commit identify theft by gaining information by using another computer crime such as hacking, spyware, or phishing.

Digital evidence is information stored, received, or transmitted in a digital format by an electronic device that can be used in court to help prove your case. Digital evidence is sometimes referred to as electronic evidence. This evidence is often created when abuse involves the use of technology. Here are a few examples:

• When an abusive person sends text messages that contain threats, those texts, or pictures or screenshots of those texts, become digital evidence that can be used in court to help prove the threatening behavior;
• When an abusive person creates harassing posts on social media, those posts, or pictures or screenshots of those posts, become digital evidence that can be used in court to help prove the harassing behavior; or
• When someone uses technology to stalk a victim, in addition to potentially finding a physical GPS or Bluetooth tracking device, there may be evidence in the form of GPS tracking data, account log-in or activity history, video footage, or spyware purchases. Any of these can be used as evidence to help prove surveillance occurred.

What you should do in your individual case will depend on the type of case, your state’s rules of evidence, and the type of digital evidence you have. However, here are some things you may want to consider:

• Consider what is the easiest way to get your evidence. If you can get your evidence directly through your own accounts and devices, that is the easiest way. If you have to request that a third party, such as a cell phone provider, give you the evidence you need, this can be more difficult to accomplish, so it is important to ask for that information as soon as possible. It can take a lot of time for third parties to respond to your request, and many do not keep all their data for very long. If you are looking for the content of messages, such as emails, texts, or direct messages, that you do not have access to through your own accounts, this information may be difficult to get from a third-party company because of privacy laws and company policies. It might be the case that you would need a subpoena signed by the judge to get the evidence, which can also delay how long the process takes.
• Save the evidence in a way that best protects it. You can learn more about what needs to be saved and how best to save it in our Documenting/Saving Evidence section.
• Before your hearing, it’s important to find out from the court how the judge will accept digital evidence so you can plan accordingly. For example, if your evidence is located on your cell phone in a text message, social media post, or video recording, you would want to think about how to get this evidence downloaded or printed from your phone so that the judge doesn’t have to keep your phone. You might download it onto a flash drive or memory stick, or the judge might have another preference. 
• Remember that you may also have to provide a copy of the evidence to the opposing party before your hearing. Make sure you find out from the court how many copies of the evidence you will need to provide and if they want you to label your evidence, also called “exhibits,” in a certain way. If your hearing is held remotely, you will want to ask the court if you have to submit your evidence electronically to the court ahead of the online hearing.
• Think about the testimony you plan to tell the judge and how your evidence fits with your testimony. In order to enter (“admit”) evidence in court, you will likely have to testify (“lay a foundation”) about:
  • what the evidence is; for example, “This is a screenshot of a text message conversation between me and my spouse from June 13, 2024;”
  • how you came upon that evidence or are familiar with what it is showing; for example, “I received this text message on my phone and took a screenshot of it;”
  • how the copy of the evidence you are offering in court is a “fair and accurate” representation of the evidence as you originally saw it; and
  • how you know that it is the abuser who sent the messages, posted the social media posts, etc. You can find more information about entering evidence in Is there a process to admit evidence other than testimony?

If you made a video or audio recording without the other party’s consent, please consult with a lawyer before trying to use that in court. In some states, it may not be legal for you to record a conversation if the other person doesn’t agree to the recording. You can also read more about recording laws on our website.

If an abuser is using technology to abuse you, often the evidence of that abuse is located on the Internet or on a device like a cell phone, tablet, computer, or video camera. Documenting this evidence can be very helpful if, at some point, you want to try to have the legal system hold the abuser accountable. It is important to document the evidence as soon as possible because if an abuser has access to your accounts or your devices, s/he may be able to access and delete it. You may have to take extra precautions to make sure your evidence isn’t deleted by accident or through your account/device settings. For instance, your phone may be set to delete text messages after a certain time period to save storage space on your device. You will want to make sure that such features are turned off or that the particular evidence you are documenting is saved in a safe place.

It may be your first instinct to delete threatening messages from an abuser or to “block” the abuser if s/he is harassing you on social media. This is a completely understandable response. However, before you do this, it’s important to understand and think through how this will impact your ability to document evidence. If you delete the messages, there may no longer be evidence that you can access, and it may be difficult or impossible to access them from the abuser’s accounts or devices.

There are ways you can minimize having to see the abusive material while still being able to collect and document evidence of the abuser’s crimes and behaviors. For instance, you can silence message notifications from that particular person or set up a folder in your email account and create a rule for messages from that sender to go straight to a separate folder. Filtering the abuser’s communications will allow you to have access to the information when you want to without constantly having to see it. If your device is not accessible to the abuser, you can also save screenshots of abusive or threatening messages in folders or hidden photo albums on your devices so that you do not have to see them until you need to access them. You should be careful, however, not to save any evidence to cloud storage if the abuser may have access to your cloud account.

Documenting this evidence is so important because you may later need it in a court hearing. In an order of protection trial, for example, the judge is making decisions about whether to grant an order and what protections to include in the order. Having your evidence documented in a form that you can bring to court allows you to present it to the judge to support your testimony. It can also help you show the judge why you need a particular protection to be included in the order. You may also need to show the evidence to law enforcement in certain situations or to your lawyer so that s/he can prepare for court.

Many courts use virtual platforms like Zoom or WebEx to hold court hearings remotely. Remote hearings can have some advantages, like not having to find childcare or pay for transportation and parking, and not needing to take as much time off from work as you would if you had to travel to court. Some people also find it less scary to testify when they aren’t in the same physical space as the abuser.

However, presenting evidence might be more difficult with remote hearings since it may require you to send evidence electronically ahead of the hearing. If your hearing is going to be virtual, make sure you find out from the court:

• what technology or platform the court uses;
• how you will join the hearing; and
• what to do/who you should contact if you have any technical difficulties during the hearing.

If you prefer an in-person hearing, you could ask the court whether you have the option to choose between a virtual or in-person hearing.

You can read more information about virtual hearings in our Quick Guide and the Virtual Hearings section of our Preparing for Court – By Yourself section.

Some states have specific laws that allow judges and law enforcement to use technology in ways that are intended to protect victims of domestic violence. For example, law enforcement and courts can use global positioning systems (GPS) technology to track offenders who have committed domestic violence and stalking. Depending on your state, a judge may be able to order GPS tracking in a criminal or civil court case.

There are two types of GPS tracking – active and passive. With an active GPS tracking device, you would be notified if the abuser physically goes to a location where s/he is prohibited from entering. It is possible that additional notifications would go to law enforcement or any court-ordered supervision agency that is monitoring the offender.

With a passive GPS tracking device, the abuser may only be required to upload his/her location history once a day or even less frequently. The location history may then be reviewed from time to time by a probation officer, or it may be used as a tool by law enforcement if you allege that the abuser violated the order.

The custodial parent may use virtual visitation to allow contact with the non-custodial parent if in-person visitation is not practical or unsafe for the child or parent. Depending on what type of technology is used for a virtual visit, it could provide a log of the length of visits, missed visits, etc. If recording the visits is permitted, there could also be a record of what is said during visits. However, before recording a visit without the other parent’s knowledge, you may want to get advice from a lawyer to be sure this couldn’t negatively affect your custody case. In addition, recording conversations without the other party’s permission or knowledge may be illegal. You could read about recording laws on our Electronic Surveillance (“Spying”) page to learn more about one-party recording in your state.

Although your state’s laws may not require the judge to order how parents communicate while co-parenting, the judge might order a co-parenting app if there’s a restraining order in place or if you convince him/her that it’s necessary. However, some judges may be reluctant to issue an order requiring that parents use technology to co-parent for various reasons, including:

• judges may:
  
  • not be familiar with technology;
  • not believe they have the power to make that type of order; or
  • find it inappropriate for some other reason, including if the subscription cost to use it is unaffordable for one or both parents. Note: Some companies might have fee waiver programs for those who cannot afford the cost or you might search for a free co-parenting app so that cost isn’t a barrier.

To think through whether or not using these types of apps may work for your situation, you may want to talk to a domestic violence advocate or a lawyer who specializes in custody and domestic violence issues.

You can learn about general custody laws in your state on our Custody page by selecting your state from the drop-down menu.