In family law, representing survivors of domestic violence requires not only legal expertise but also a thorough understanding of how to protect a client’s digital privacy. In today’s world, an abuser may continue to exert control or monitor a victim even after separation, using digital tools like phones, social media, or even smart home devices. As a family law attorney, ensuring the safety and privacy of your client must extend beyond physical protection to include comprehensive digital security. Here are some essential steps to protect survivors of domestic violence in the digital space.
1. Understanding the Threat of Digital Surveillance
Many abusers use technology to track, harass, or control their victims. This can include spyware on phones, monitoring emails, following social media activity, or even accessing GPS location data from shared devices. With modern technology, abusers can install tracking software without the victim’s knowledge, monitor online conversations, and gain access to sensitive personal data. Family law attorneys need to recognize these risks and discuss them openly with clients.
2. Use of VPNs for Secure Internet Activity
One of the most effective tools for protecting a client’s internet activity is a Virtual Private Network (VPN). A VPN encrypts all data between the user’s device and the internet, making it difficult for anyone—whether it’s an abuser or another party—to track online activities. This is especially important if the client continues to use a shared or compromised internet connection. Encouraging clients to use a trusted, paid VPN service can significantly enhance their privacy, particularly when conducting sensitive activities such as communicating with their lawyer or accessing financial accounts.
3. Securing Mobile Devices and Email
Mobile phones are often the primary tool of communication, but they can also be the most vulnerable. Clients should ensure their mobile devices are secure by:
- Factory resetting the device to remove any spyware or tracking apps.
- Changing passwords for all accounts, particularly email, social media, and cloud-based services.
- Enabling two-factor authentication (2FA) on critical accounts to prevent unauthorized access.
- Using encrypted messaging apps like Signal for communication, especially when discussing sensitive information with their lawyer.
- Avoiding shared family plans where the abuser may have access to phone records or location data.
4. Protecting Location Data
Modern technology often shares location data without the user even realizing it. Smart devices, apps, and social media platforms frequently track and share location information. To mitigate this risk:
- Turn off location services on all apps that don’t require it.
- Avoid using GPS or geotagging features in social media posts.
- For clients who need to travel to undisclosed locations (such as a shelter), ensure they are not sharing location information unintentionally through apps like Facebook, Instagram, or Google Maps.
5. Dealing with Shared Smart Home Devices
If the client has left a shared home with internet-connected devices, it’s important to recognize that smart home technologies like security cameras, thermostats, and even doorbell cameras may still be accessible to the abuser remotely. Attorneys should advise clients to:
- Disconnect from shared accounts linked to smart home devices.
- Change passwords to any services used by these devices or, if possible, request the disconnection of these devices from the internet entirely.
- Alert the new residents (if the home is sold or rented) about the potential risks of remote access by the abuser.
6. Social Media and Public Online Presence
Survivors of domestic violence often need to take special care with their online presence. Attorneys should help clients understand the importance of:
- Restricting social media profiles to private and limiting the number of people who can view posts.
- Avoiding sharing personal information that can give away their location or routine.
- Monitoring friend lists and blocking any accounts that may be affiliated with the abuser or could be used to track the client’s activities.
- Being cautious with third-party apps that request access to social media profiles or personal data.
7. Financial Privacy and Account Security
Financial accounts, credit reports, and online banking are often targets for abusers seeking control over a victim’s finances. To help protect your client’s financial privacy:
- Review and freeze credit reports with all three credit bureaus to prevent unauthorized credit applications.
- Change all banking passwords and enable 2FA for banking apps.
- Open new accounts at a different bank if the abuser had access to previous accounts.
8. Legal Protections for Digital Privacy
Family law attorneys should also make sure that clients are aware of the legal protections available to them. In some cases, digital harassment or surveillance may violate restraining orders or other legal protections. Attorneys can:
- Seek court orders that specifically prohibit the use of digital surveillance tools.
- Document and report any ongoing harassment or tracking to the authorities.
- Advise clients on digital evidence collection, ensuring that any digital abuse is properly documented for potential legal action.
9. Ongoing Education and Awareness
Finally, it’s critical for both the attorney and the client to stay informed about emerging technologies and digital risks. Abusers often evolve their tactics, so continuous education on the latest privacy tools and threats is essential. Family law attorneys can provide clients with resources to stay updated on these issues and connect them with privacy professionals if necessary.
Conclusion
Protecting the digital privacy of domestic violence survivors is a crucial aspect of their overall safety. By understanding the risks and implementing effective privacy strategies, family law attorneys can offer their clients not only legal support but also a safeguard against ongoing digital abuse. A strong partnership between legal advice and technological awareness ensures that survivors can begin to rebuild their lives in safety and with peace of mind.
For more insights, read our Divorce Decoded blog.