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Social Media and Your Domestic Violence Defense

By Los Angeles Criminal Defense Attorney on March 9, 2022

Social media may be a wonderful way to stay connected with family and friends, but it can damage your domestic violence case. Anything you post on Facebook, Instagram, Twitter, etc., can be used against you in court. If you are facing domestic violence charges, it may be in your best interests to avoid social media altogether until criminal proceedings are over.

How Can Social Media Affect a Domestic Violence Defense?

Social media platforms may cooperate completely with law enforcement in aiding investigations. This may include providing your private information, without a warrant in some cases. Even if you make your profiles private, law enforcement may use social media posts, pictures, and videos against you in a domestic violence case to:

  • Obtain new evidence
  • Confirm your location at the time of the incident
  • Find missing information links
  • Find new witnesses
  • Confirm statements

For example, most people are upset about being accused of and charged with domestic violence. It may be a natural impulse to vent on social media, but it can only hurt your case. Angry posts directed at a former spouse or partner on Facebook, or another platform can only hurt your case.

Is There Any Way Social Media Could Help Your Case?

In certain circumstances, social media may be used to help a domestic violence case. For example, if you were someplace else when the alleged incident occurred, photos or videos of you in a different location, posted by you or someone else, could help support your alibi. If you were with the alleged victim but not the one who was being violent, a post about what occurred by someone who witnessed the incident may be used in your favor. That person may be willing to serve as a witness in your case.

What Should You Do On Social Media If You Have Been Charged With Domestic Violence?

After accusations of domestic violence, it is important to take your social media activity seriously. Take the following steps to help prevent damage to your case:

  • Change your privacy settings on all accounts to allow only friends and approved people to see your activity.
  • Don’t accept a friend request from anyone you don’t know. Investigate any request carefully – it could be a fake account designed to look like someone you know to gain access to your account and activity.
  • Do not discuss your domestic violence case or the person who accused you on social media. Period. Don’t post anything about anyone who may be involved in the situation.

Do You Need a Criminal Defense Lawyer for Domestic Violence Charges?

Your best chance of obtaining the most favorable outcome in a domestic violence case is to have an experienced criminal defense attorney on your side. Although we are supposed to be innocent until proven guilty in America, domestic violence cases are often managed as though you were guilty until proven innocent. Even if the alleged victim has cooled down and does not want to press charges against you, once the police are called to the scene, it is in the hands of the prosecution. You need skilled representation to help protect your freedom and your future.

Why Choose Us?

As former prosecutors, our experienced criminal defense lawyers can provide you with a strong defense against domestic violence charges. Werksman Jackson & Quinn LLP was founded in 1994. Mark Werksman is a former Deputy District Attorney and a former Assistant U.S. Attorney who has been practicing criminal law since 1986. Alan Jackson is a former prosecutor with the Major Crimes Division of the L.A. County District Attorney’s Office. If you are facing charges of domestic violence, contact us at (213) 688-0460 to find out how we can help.

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Posted in: Domestic Violence