Spying via i-Devices May Be Stalking

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In the recent case of E.D.B. v. D.S., the Appellate Division upheld the trial court’s finding of domestic violence where the husband/defendant surreptitiously placed an iPad in a shared home office and an iPhone under his wife’s bed to monitor and record her activities.

In accordance with N.J.S.A. 2C:25-19(a)(14), stalking is defined, in part, as:

purposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.

In this case, the court found the husband stalked his wife. The court added that he stalked her gain evidence against her to use in their pending divorce proceeding.

The Court found the husband’s prior history of domestic violence compelling. He previously placed a tracking device in his wife’s car to spy on her.

With the widespread use, and often overuse, of electronic devices, it is important to know what is permissible and what is not. Having a finding of domestic violence against you creates significant complications in your family law matter. Those dealing with domestic violence should seek legal counsel immediately. We encourage you to contact our office in Watchung, New Jersey and schedule a consultation as soon as possible by calling 908-645-1000 or emailing me at jlawrence@lawlawfirm.com.

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