While that’s the straightforward answer to the question �Can private messages be used in Court?’ as with Facebook’s relationship statuses…it’s Complicated.
Way back in the stone ages of social media, lawyers were finding their footing to present screenshots as evidence. Nowadays, creeping on an opposing party’s Facebook page, Insta account, and yes, even AdultFriendFinder and Ashley Madison- is taken as standard operating procedure in almost any family law firm.
But what about the stuff that’s not on your wall? That’s your 3am DM to your bestie, that you type furiously under the covers while your emotionally exhausted toddler is sprawled across your bed because she had another anxiety-induced nightmare.
While they may seem like an ideal place to pour your heart out, those �private messages� can and do end up in front of a judge on the regular
To many people, private messages feel different than posts. Most of us mamas have enough discretion to avoid posting rants about our co-parents on our wall, but feel safer in the relative www.besthookupwebsites.org/local-hookup/brisbane intimacy of Facebook messenger or Insta’s DM feature.
Scores of cases regarding the use of social media content in divorce have spun through Courts across the US- all the way up to Supreme Courts in some states. By and large, rulings are coming down that say social media content is not protected, and that you can be compelled to turn over your messages to your opposing party.
The legal reasoning behind this is slightly nuanced state-to-state, but the general guiding framework is this: anything that is not subject to the protection of privileged communications is fair game to be requested- or subpoenaed, should you make the ill-advised decision not to comply with requests- by your spouse or their lawyer. Continue reading “Can Private Facebook Messages Be Used In Court?”