Divorce, Custody, and Technology: Unauthorized Account Access and GPS Tracking in NYC

Technology plays an increasingly significant role in divorce and custody cases. While technology can be helpful in many ways, it can also be misused to invade privacy and gain an unfair advantage. At Veridian Legal, our experienced NYC divorce attorneys understand the legal and ethical implications of technology use in family law matters. We can help you protect your privacy and take action if your spouse is accessing your accounts without your permission or using GPS tracking to monitor your whereabouts.

Unauthorized Access: Protecting Your Accounts During and After Divorce

It's not unusual for partners to have access to each other's passwords and accounts during their relationship. However, during a separation or divorce, this access can become a major concern. If you are separating or divorcing, it's crucial to take steps to protect your online privacy.

Steps to Take:

• Change Your Passwords: The first and most important step is to change your passwords for all your online accounts, including email, social media, bank accounts, and any other sensitive accounts.

• Investigate Unauthorized Access: If you suspect that your spouse is still accessing your accounts without your permission, there are ways to investigate:

  • Review Account Activity: Many online platforms provide logs of account activity, including login locations, IP addresses, and devices used. Review these logs for any suspicious activity.

  • Google Takeout: Google Takeout allows you to download a comprehensive record of your activity on Google's platforms, including Gmail, Google Maps, and search history. This can reveal if someone else has been accessing your accounts.

Accessing someone's online accounts without their permission is a violation of the Stored Communications Act (SCA), a federal law that protects the privacy of electronic communications. If you believe your spouse has violated the SCA, you may have legal recourse.

GPS Stalking: Knowing Your Rights and Taking Action

In today's digital age, technology can be misused to invade privacy and exert control. GPS tracking, while having legitimate purposes, can be employed for malicious reasons, such as stalking. In New York, tracking someone's whereabouts without their consent using GPS technology is illegal. Jackie's Law, enacted in 2014, made GPS tracking a form of stalking in the fourth degree, a criminal offense.

Understanding GPS Stalking

GPS stalking involves the use of GPS devices or software to track someone's location without their knowledge or consent. This can be done through various means, such as:

• Hidden GPS Trackers: Small, easily concealable GPS devices can be placed on a person's vehicle, belongings, or even their person without their knowledge.

• Smartphone Apps: There are numerous smartphone apps that allow for covert GPS tracking. These apps can be installed on a person's phone without their awareness, allowing the stalker to monitor their location in real-time.

• Vehicle Tracking Systems: Some vehicles come equipped with built-in GPS tracking systems that can be accessed remotely. If your spouse has access to your vehicle's tracking system, they could use it to monitor your movements.

What to Do If You Suspect GPS Stalking:

If you suspect that you are being tracked without your consent, it's important to take action to protect yourself. Here are some steps you can take:

• Inform the Stalker: Clearly inform the person that you do not want them to track your location using GPS. This can be done verbally or in writing. It's important to document this communication, as it can be used as evidence if you need to take further legal action.

• Gather Evidence: If the tracking continues despite your request to stop, gather evidence of the stalking. This may include:

  • Screenshots of location data from GPS apps or devices

  • Witness statements from people who have observed the stalker tracking you

  • Photos or videos of the stalker placing a tracking device on your vehicle or belongings

  • Any other documentation that supports your claim of being tracked

• Report to Law Enforcement: Report the GPS stalking to law enforcement and provide them with the evidence you have gathered. Law enforcement can investigate the matter and potentially take action against the stalker.

• Seek an Order of Protection: You can also seek an Order of Protection from Family Court to prohibit the stalker from contacting you or tracking your location. An Order of Protection can provide legal protection and peace of mind.

Penalties for GPS Stalking:

Stalking in the fourth degree is a misdemeanor offense in New York, punishable by up to three months in jail and a $500 fine. However, in some cases, GPS stalking may be charged as a more serious offense, such as aggravated stalking, which is a felony.

How Veridian Legal Can Help

If you are concerned about unauthorized account access or GPS tracking during your divorce, the experienced NYC divorce lawyers at Veridian Legal can help you protect your privacy and seek justice. We can:

• Advise you on your legal rights and options: We will explain the relevant laws, including the Stored Communications Act and Jackie's Law, and help you understand your legal recourse if your privacy has been violated.

• Investigate unauthorized access: We can help you gather evidence of unauthorized account access or GPS tracking, working with cybersecurity experts and forensic specialists if necessary.

• Take legal action to protect your privacy: We can help you obtain restraining orders, seek court orders to prevent further tracking or access, and pursue other legal remedies, such as filing a civil lawsuit for invasion of privacy or emotional distress.

• Develop a comprehensive legal strategy: We will work with you to develop a comprehensive legal strategy that addresses all aspects of your divorce, including technology-related issues. This may involve negotiating with your spouse's attorney, advocating for your interests in court, or pursuing alternative dispute resolution methods.

• Provide compassionate support and guidance: We understand that dealing with privacy violations can be stressful and emotionally draining. We will provide you with compassionate support and guidance throughout the legal process, ensuring that you feel empowered and informed.

Don't let your spouse invade your privacy.

If you suspect unauthorized account access or GPS tracking during your NYC divorce, contact Veridian Legal today for a confidential consultation. Our experienced divorce attorneys will protect your rights and help you navigate these complex issues. Call (212) 706-1007.