In the digital age, domestic abuse does not always involve physical harm.

Increasingly, abusive partners use various forms of technology, such as smartphones, AirTags, and Ring Cameras, smart home devices, and social media to monitor, harass, and control their victims. This type of domestic abuse is recognized as digital domestic violence or tech abuse, and New York law is evolving to address these threats.

These forms of technology could be used to track a victim’s location, monitor private conversations, or harass them online. Fortunately, New York law provides safeguards to protect victims from both physical and digital abuse.

What Digital Domestic Violence Looks Like

Digital abuse can take many different forms, including:

• GPS tracking: Using AirTags, smart watches, or phone applications to monitor your movements or current location.

• Smart home device manipulation: Gaining unauthorized control of cameras, smart locks, Ring Cameras, or alarms to intimidate or track.

• Online harassment: Sending threats, unwanted contact, or stalking via social media.

• Cyber harassment: Impersonation, posting private information online without consent, or revenge pornography.

Unlike traditional abuse, digital abuse often leaves a documented electronic trail, which can be presented as evidence in Family Court.

How New York Courts Address Digital Abuse

New York’s Family Court Act, particularly Article 8 governing orders of protection, recognizes that abuse is not limited to physical acts. Victims may request an order of protection that specifically covers digital abuse.

How the Court Can Protect Victims

1. Restraining Orders Covering Technology: Courts can prohibit an abuser from using any device or platform to contact or monitor the victim and include specific devices.

2. Admissible Evidence: Text messages, emails, social media posts, screenshots of tracking applications, Ring Camera footage, and smart home logs can be used as evidence.

3. Enforcement: Violating a Family Court order of protection, including digital restrictions, may result in criminal charges and contempt of court findings.

4. Custom Protective Orders: Courts can order the surrender of devices used for stalking or tracking. Courts can require the abuser to delete online content or refrain from posting any information about the victim.

Steps to Protect Yourself

If you suspect digital domestic abuse:

• Document all activity. Screenshots, emails, video footage, and device logs are crucial.

• Seek professional assistance to remove trackers or secure devices.

• Contact a family law attorney immediately. New York Family Court can issue emergency orders of protection before a full hearing.

• Inform trusted friends, family, or co-workers if online harassment is public to make others aware.

Consult With a Family Law Attorney

Navigating cases of digital domestic violence is complex. Successfully proving tech abuse often requires:

• Understanding how digital evidence can be used in Family Court.

• Drafting a specific order of protection that addresses technology-based abuse.

• Coordinating with law enforcement when orders are violated.

At Tully Rinckey PLLC, the knowledgeable family attorneys can help you secure safety, protect your digital privacy, and guide you through the court process.

Working with an experienced family law attorney dealing with digital domestic violence can help ensure you have a dedicated advocate to ensure your voice is heard. If you need a family law attorney, contact us and speak with an attorney today by calling (888) 968-8271 to explore your options and protect your future.

Jillian R. Falt, Esq., an Associate in the firm’s White Plains office, handles a diverse array of family and matrimonial law matters. Her family law practice includes pre- and post-nuptial agreements, separation agreements, equitable distribution, spousal support, child support, post-judgment modifications and enforcement, family offense matters, and child custody and access. She represents clients in all aspects of settlement, litigation and the negotiation and drafting of agreements.