Digital Investigations in Family Law Matters

  • Diversion and/or concealment of assets
  • Under-reporting of income
  • Evidence of an unfit parent
  • 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
  • Extramarital affairs
  • 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.