Could Social Media Posting Affect a Family Law Case?
Did you know that 89% of Australians have a social media account, and they may spend an average of an hour and three quarters per day checking and posting? With this type of intrusion, there is little surprise that social media can affect everyday life and can sometimes have a significant bearing on the outcome of a court case. If you have a pending or current family law court matter, why do you need to be particularly careful about your social media interactions?
Letting off Steam
Unfortunately, some people use social media to let off steam. It's a way of communicating with close friends and family, but anything that is posted will automatically be recorded in the public realm. This can have legal consequences and can, in certain circumstances, be used as proof in a court of law.
Elevated Temperatures
When two adults go in front of the court following a separation, they'll do so because they are unable to see eye to eye and reach an agreement themselves. After all, they may strongly disagree on many matters, and emotions can often come into the equation. Unfortunately, tempers can occasionally boil over, and human nature being what it is, one party may want to express their anger online.
Too Easy
Social media accounts are always available, and many people will have the relevant app loaded onto their phones. It takes just a moment to log on and type a post, which can often be done in the spur of the moment and without any rational thought. Once it is posted, it may not be possible to completely remove it, and some comments may be seen as defamation by the other side.
Other Valuable Information
Also, the opposing counsel may keep a close eye on the relevant social media accounts and look for evidence that could help to bolster their case. One party may have adopted a position that could prove costly to their client, but their behaviour (as evidenced by social media posting) could help break down their argument. In this case, the lawyer will introduce that material to the court.
What You Should Do
So, if you are approaching a critical stage of your court hearing, it's best if you stay away from social media. Don't be tempted to let off steam with a quick post, as you may find that this could significantly affect the outcome, and not in your favour. On the other hand, if the other party has posted something that could be beneficial to your case, discuss this with your family lawyer as soon as possible.
Contact a family law office near you to learn more.