Facebook IS Admissible in Court

Is what you post on Facebook admissible in domestic court?

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Which of your social media platforms can be used against you

Facebook and other social media platforms (Instagram, Twitter, YouTube, SnapChat, … the list grows daily) are a part of our everyday lives. We communicate with friends and family using social media, and stay up to date on news. However, those opinions may sometimes get us into trouble. 

It’s always a good idea to think twice before posting anything online, but it is especially crucial when you are involved in litigation or think you might be. Whether you are getting divorced or involved in any other type of lawsuit, your online posts and communications can, and probably will, be used against you. Always remember that nothing is truly private online. 

We’ve all seen the news stories about people who Tweet or post on Facebook looking to buy drugs and the police responded to the posts. Yes, those are funny news stories, but those aren’t the routine. What’s more common? A husband posting comments about his wife or making online threats; a wife posting photographs with her boyfriend; one parent making disparaging remarks online about the other parent… Any social media post, blog, email, text message, or other form of communication that you make online could potentially be used in Court.

Should you clean up your social media sites?

Another big mistake? Don’t try to cleanup your social media. Once you are involved in litigation, you have a duty to preserve anything that may be evidence in the case even if it is evidence against you that may help the other side. Destroying, deleting, or changing your social media may be considered destruction or “spoliation” of evidence and you could be sanctioned for it by the judge and it could severely damage your case. It is not uncommon with the increasing use of technology for digital forensics to be involved in even small cases, so something you think you deleted may be brought back. 

So, think twice before posting, and if divorce is in your future, you find yourself involved in a custody dispute, or you find yourself involved in a case of another type, contact the attorneys at the Collins Legal to schedule a consultation.


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