Blog

Spying via i-Devices May Be Stalking in New Jersey

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.

Subscribe to Our Blog

SHARE THIS POST:

Related Posts

Blog
Divorcing Police Officers Face Unique Parenting Time Issues

Divorcing police officers and firefighters, like other clients, face a multitude of issues.  For most parties, the paramount concern is custody and parenting time when there are children born of the marriage. For most parents who work “9 to 5” jobs, there will be a traditional custody and parenting time arrangement.  This agreement is either…

Read More
Blog
Private School Costs in New Jersey Divorces

In a New Jersey case where the parties’ agreement calls for them to “equally divide…school costs,” and one party does not contribute to the costs for years, even though not explicitly asked to do so, a court can enforce the agreement and compel contribution. In the unpublished Appellate Division case of Fanelli v. Hnatowski, the…

Read More
Blog
Grounds for Divorce in New Jersey

A client may want a divorce, but may be unsure on what basis a court would grant them a divorce.  In New Jersey, there are several grounds for divorce.  The legal term for grounds for divorce is “cause of action.”  In every divorce, a party has to allege a specific cause of action that warrants…

Read More
Blog
What About The Family Dog!? Asked a Divorced Parent

For many of our clients, a family dog is an integral and beloved part of the family. They provide ample love and support.  We couldn’t possibly imagine having to part ways with a pet as a result of a separation or divorce. This is especially true for our client’s with children who have grown attached…

Read More
Blog
What Records and Documents Should I Gather if I am Considering a Divorce?

If you are considering a divorce in New Jersey, a wise starting point is to inventory your financial records and documents. Here is a list of 14 records you should gather: Social Security Earnings Statement.  This is a snap shot of both parties’ respective income.  The statement shows a clear picture of the earning history…

Read More
Blog
What Does Family Law Litigation Mean?

Before getting into what family law litigation means, it is helpful for readers to understand the general definition of litigation. Litigation is the process of addressing disputes by filing or answering a complaint through the court system. Consequently, a litigator is a trial lawyer who represents clients in a court of law. So, family law…

Read More
Call Now ButtonCall Us