Spyware or remote access utilized to monitor the other spouse’s activities and communications
Threats and other incriminating communications even those which are encrypted or deleted
Gambling, pornography or drug additions
Violation of a restraining order
Expensive shopping habits to counter claims of financial difficulty or to show diversion of assets
Communications to confidants about issues central to the case
Digital evidence/ ESI may uncover exculpatory evidence such as communications, social media updates, and photos that contradict allegations of being an absentee parent.
Notable Recent Cases:
Undisclosed Accounts: The subject’s Internet history uncovered regular visits to a bank’s website associated with an undisclosed account. In another case, the spouse was careful not to visit the bank website on his digital devices. However, driving directions to a branch associated with an undisclosed bank account were uncovered.
Violation of non-Contact Order: The subject did not leave direct evidence of communications with the protected party, however, he was found to be in violation of a restraining order after Wi-Fi logs taken from the home’s router were uncovered showing that his smartphone had automatically logged his device into the wireless router when he came within a certain distance of the home.