Use of Social Media in Family Law

June 23, 2017 - Bains Law Firm

Facebook, Instagram, Snapchat, Twitter, LinkedIn, Pinterest, Tumbler, Youtube, etc.:  These are just a handful of Social Media platforms from which communications can be, and often are, used in Court as evidence. In our increasingly digital age, it is quite common for Social Media communications to be used in Family Law cases, especially those that involve Protection Orders or Parenting issues.

Individuals who use Social Media freely post pictures, videos, comments, or status updates, often without considering the risks and dangers of current or future litigation. Even when a post is deleted from an account, it may be accessible somewhere else. Caution should be taken with every Social Media post or communication, even if it is believed to be private. Being aware of the audience is important because even a “blocked” person can access a post through a third party.  Or a person could be unknowingly "tagged" in an embarrassing photo which is used against them at a later time.  Even something such as a dating profile from Match.com, Tinder, eHarmony, etc., can be used as evidence in Court.

The point needs to be stressed:  A person does not need to be online "friends" with another person for a damaging Social Media post to end up in the Court record.

Generally, Social Media evidence is often admitted in Court unless it has been acquired by fraud or some other impermissible means, such as someone hacking into an account.  As a result, being mindful of what to put online and what not to post, is very important for individuals engaged in Family Law litigation.
A general rule of thumb is to act as if every post may become public and presented to the Court. Only use language and information that is presentable to a judge. Avoiding posting on Social Media at a time of extreme emotional upset, frustration or anger is generally prudent.

Deleting Social Media accounts is not necessary, but being attentive to what is posted is vital, especially when involved in ongoing litigation. Recently, the use of Social Media as evidence in Court has increased substantially.  According to a national survey of family law attorneys:

81% have seen increased use of evidence from social networking websites.
66% of the evidence used was found on Facebook.

And it's not just postings on Social Media.  That same national survey also found that 92% of attorneys had an increase in cases using evidence taken from smart phones in the past few years.  So if a person is in the middle of litigation, they should be careful as to every text, email or other communication that is sent to the opposing party.

Social Media posts, photos or other messages can be used for a variety of reasons in Court, such as to contradict statements made in Court or pre-trial disclosures. For example:



If a party claims not to have a substance abuse problem, but they have numerous postings of partying, bar hopping or worse.
Example: “Enjoying Happy Hour cause it’s Wednesday!”






Avoid statements or photos that may be intended for other reasons but also might demonstrate inappropriate parenting.
Example: "Family Vacation to the Beach", yet the driver is distracted and seatbelt is around the child's neck.

A claim of financial need can be easily undermined with photos of frivolous spending Example: "Love my New Boat!"







In Family Law cases, the above examples are merely a few of the countless ways that Social Media posts can be used to damage a party's legal position.

Family Law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of family law litigation and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your situation.



Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relations

Anti-Harassment Protection Order

June 26, 2017 - Bains Law Firm 

Family law litigation often involves the need for protection of property or from the other party.  There are several different types of protection and restraining orders, including a general Restraining Order, Domestic Violence Protection Order, Sexual Assault Protection Order and Anti-Harassment Protection Order. Much of the protections available to litigants seeking general Restraining or Domestic Violence Protection Orders are also available to persons seeking an Anti-Harassment Protection Order.

By statutory definition unlawful harassment means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose.  Such conduct would cause a reasonable person to suffer substantial emotional distress, or when the course of conduct would cause a reasonable parent to fear for the well-being of their child.

Anti-Harassment Protection Orders tell the abuser to stop harassing you.  Unlike general Restraining Orders or Domestic Violence Protection Orders, a victim does not have to have any specific type of relationship with the abuser.  The abuser can be a neighbor, acquaintance, co-worker, etc.  Therefore, if the victim does not meet the requirements to obtain a general Restraining Order or Domestic Violence Protection Order due to the relationship (i.e., spouse or intimate partner) with the abuser or due to the fact that the harassment doesn't meet the definition of domestic violence, the victim may be able to file for an Anti-Harassment Protection Order instead.  
When a victim of unlawful harassment seeks protective relief from the Court, they need to be as specific as possible about how the abuser has engaged in harassing behavior and the harmful effects on the victim.  The unlawful harassment complained of cannot be a single incident, but a course of conduct (i.e., a series of acts).

In emergency situations, an ex parte temporary Anti-Harassment Protection Order is necessary. Such an order is often granted upon a showing of reasonable proof of unlawful harassment, and that severe or permanent harm will happen to the victim if the Order is not issued right away.  This temporary protection order will be effective immediately, and the offending party does not have to be in the Courtroom at this hearing.  A temporary Anti-Harassment Protection Order will typically last fourteen (14) days at which time a full hearing will be had.  At a full hearing, the offending party will have an opportunity to be present and provide a defense against the allegations. Both sides will be able to present evidence and provide testimony.

Upon a full hearing, an Anti-Harassment Protection Order will generally last for one year unless the court finds that the abuser is likely to continue the unlawful harassment when the Order expires.  In such a case, the Court can make the order for a fixed (specific) amount of time or even make it permanent.
There are limitations upon what the Court can do when granting an Anti-Harassment Protection Order.  For example, the Order cannot prevent the abuser from exercising constitutionally protected free speech.  However, the Court can enter an Order which prohibits the abuser from contacting the victim or keeping the victim under surveillance, and/or set forth a distance requirement to keep the abuser away from the victim's home or workplace.

An experienced attorney sensitive to what are often embarrassing issues associated with unlawful harassment can be of great assistance in seeking relief in a Anti-Harassment Protection Order.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of protection orders and can help you through the process. Contact us today at (253) 838 – 3377 or email at www.bainslawfirm.com, to talk about your situation.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.

Sexual Assault Protection Order

June 6, 2017 - Bains Law Firm

Family law litigation often involves the need for protection of property or from the other party.  There are several different types of protection and restraining orders, including a general Restraining Order, Domestic Violence Protection Order, Sexual Assault Protection Order and Anti-Harassment Protection Order. Much of the protection available in a Domestic Violence Protection Order is also available to victims seeking a Sexual Assault Protection Order.

Protection orders in sexual assault cases generally involve situations where "nonconsensual sexual conduct" or "nonconsensual sexual penetration" is alleged to have occurred.  Specific definition of these terms can be found at RCW 7.90.010.  Commonly, litigants are under the age of 16, and Sexual Assault Protection Orders can address transfers of schools when the parties are students.

In emergency situations, an ex parte temporary Sexual Assault Protection Order is necessary. This protection order will be effective immediately, and the offending party does not have to be in the Courtroom at this hearing.  A temporary Sexual Assault Protection Order will typically last fourteen (14) days at which time a full hearing will be had.  At a full hearing, the offending party will have an opportunity to be present and provide a defense against the allegations. Both sides will be able to present evidence and provide testimony.

Sexual assault usually involves power, money or control.  In some cases, a combination of some or all three of these elements are present.  Sexual assault is an act of violence and domination by perpetrator and sexual gratification is often a secondary goal.  According to national and state surveys:

• Every 107 seconds an American is sexually assaulted.
• Up to 32% of women and 10% of men were victims of childhood sex abuse.
• The majority of male and female rape victims knew their perpetrator (some studies say 84%)
• Only 2-8% of sexual assaults are falsely reported.
• 80% of Washington State women's sexual assaults occurred prior to the age of 18.
• More than 33% of women in Washington State have been sexually assaulted in their lifetime.

An experienced attorney sensitive to what are often intimate, embarrassing or humiliating issues associated with sexual assault can be of great assistance in seeking relief in a Sexual Assault Protection Order matter.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of protection orders and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your situation.







Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.