It is becoming common place for Facebook to be used as evidence in court cases. This is especially true in divorce and child custody cases. Nevada is no exception to this. If you are involved in a child custody case, divorce or other family law matter in Nevada you should take steps to protect your Facebook page from becoming the “best” evidence against you.
The most obvious is to just not have a Facebook page. Therefore, no page to use as evidence. Unfortunately in today’s social media climate, Facebook is a source of socialization and connection to friends and family.
If you can’t just get rid of your page, then the avoid posting anything that would be damaging to your case. While obvious at times, in the heat of the moment, some people find it irristiable to make comments that later haunt them. That being said avoid posting in the heat of the moment. If you can’t avoid this, it might be best to delete the whole account.
In addition, change your password and make your page is private as is necessary. Keep in mind that just because the page is private does not mean the court will not consider it as evidence if the other side is able to access it. Note that the other side could request your profile, messages and wall in discovery even if it is private. Making it private may cut down or complicate your former partner from snooping on it but it doesn’t prevent friends or family who may be tempted to tell what you’ve posted nor does it prevent the court from ordering you to reveal it.
Carefully monitor comments posted by others on your page. What may seem innocent could end up having other implications. Facebook allows for settings that prevent others from posting or notify you when an individual posts or comments on your page. Be sure these are set so you are aware of what may be happening on your page immediately.
These are just a few suggestions on protecting yourself. The best and safest method is just not to have a Facebook page. If you can’t resist, then by all means take steps to protect yourself.
K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada. The information provided is based upon Nevada law only. If you are looking for information for another jurisdiction, please contact an attorney in that area.
This post is not meant to be legal advice. If you are interested in retaining counsel, we are happy to set a consultation. Consultations may be set by calling 775-686-2490. Please visit our Web site to view our Areas of Practice. View our weekly legal articles by The Luna Law Firm – Family Law Blog