The rise of social media has blurred the lines between public and private life, especially when it comes to legal matters in Texas, including domestic violence cases. A conviction for domestic violence in Houston can lead to serious consequences, including both misdemeanor or felony charges, with penalties ranging from jail time, protective orders, and significant fines, to the loss of child custody and firearm rights.
If you’ve been charged with domestic violence in Houston, it’s important to remember that anything you say can be used against you in court. This includes your social media activity. What you post on social media can impact your domestic violence case in significant ways.
How Your Digital Footprint Could Help or Hurt You in a Domestic Violence Case
Most of us use social media. Facebook, Instagram, TikTok, X, and LinkedIn are a few of the more popular social media platforms. Content can range from text messages and posts to photos and videos.
We sometimes fail to take into account the consequences of our social media activity. Comments can be misinterpreted or taken out of context. What one person considers to be a harmless joke could cause others to take offense.
Social media activity is increasingly being used as evidence in cases of domestic violence, both to support allegations of abuse and to refute false claims. Your digital footprint could be an asset or liability, depending on the content you’ve posted.
For the defendant in a domestic violence case, online rants, complaints, and negative comments against an accuser could end up being used as incriminating evidence. Posts alluding to drug or alcohol abuse could be used to demonstrate that you may not always be in complete control of your actions. The use of geotags and other tracking apps could be viewed as an attempt to monitor, harass, or control an accuser.
Even if you haven’t been charged with a crime, it’s essential to be aware of the potential negative impacts of your online activity and take steps to protect your privacy and safety.
How Social Media Posts Can Serve as a Defense Strategy in Domestic Violence Cases
One of the first things to do after being charged with domestic violence is to talk to an experienced Houston criminal defense attorney. They’ll be able to review the evidence against you, including social media posts, and develop a strategy to counter the prosecutor’s charges against you.
Depending on the circumstances in your case, these strategies can include:
- No criminal intent: Utilize social media to demonstrate that any communication or actions in question were not meant to threaten or harm, showing a lack of intention to commit domestic violence.
- Victim or witness is not credible: If the victim or witnesses have made contradictory statements online or displayed behavior that undermines their reliability, social media can be a valuable tool to challenge their credibility in the context of the case.
- Defendant was acting in self-defense: Social media posts or messages may provide context or evidence that the defendant was responding to a real threat, supporting claims that their actions were in self-defense during the incident.
- Mistaken identity: Social media can be instrumental in proving mistaken identity, especially if digital evidence places the defendant elsewhere or indicates another individual may have been involved.
- Police misconduct: Misconduct claims can be supported by showing improper police use of social media in the investigation, such as unauthorized access to accounts or manipulation of digital evidence, to challenge the prosecution’s case.
Speak With a Houston Domestic Violence Defense Attorney About Your Case
Just because you’ve been charged with domestic violence doesn’t mean you’ll be found guilty. Houston family violence attorney Lisa Shapiro Strauss has successfully defended many clients facing domestic violence charges. A former County DA turned criminal defense attorney, Lisa’s representation often results in dropped charges, reduced charges, and reduced sentences for her clients.
Don’t let your life be ruined by a domestic violence conviction. Take action to protect your rights. Contact the law office of Lisa Shapiro Strauss today. You can use our online contact form or call us at (713) 429-7310 to schedule a free initial consultation to discuss your case.
