In an era where technology is increasingly utilized in our everyday lives, cyberbullying has emerged as a significant concern. It poses severe psychological, emotional, and legal implications. Particularly in divorce scenarios, the presence of cyberbullying can significantly impact proceedings, especially when children are involved.
Digital bullying, also known as cyberbullying, is a form of harassment that takes place through digital platforms. Unlike traditional bullying, which typically occurs face-to-face, digital bullying can happen anywhere and at any time, thanks to the omnipresence of technology in our lives.
The key difference between traditional and digital bullying lies in the method of execution. While traditional bullying involves direct, physical, or verbal acts of aggression, digital bullying is more covert. It employs the use of emails, social media, text messages, and phone calls to intimidate, threaten, or belittle the victim.
During divorce proceedings, emotions run high, and communication can quickly turn toxic. Unfortunately, this provides fertile ground for digital bullying to take root. Let's explore some examples of when digital bullying can occur:
In some cases, cyberbullying during a divorce may also extend to include:
The escalation of digital bullying during divorce proceedings can be attributed to several factors, including:
In the context of divorce, cyberbullying can dramatically influence the legal process, especially as it relates to child custody. When determining child custody and visitation rights, courts prioritize the best interest of the child.
One such factor in determining the best interest is each party’s willingness to foster a healthy relationship between their child and co-parent. If a parent is resorting to making negative comments and posts online, such behaviors can significantly impact a court's perception of that parent's willingness to cooperate and their co-parenting abilities.
It is also important to note that continued harassment can push a person to file for a protective order, which can restrict the respondent from contacting them in any way. Courts will consider marital misconduct when awarding alimony, and harassment charges or allegations and a protective order can be considered evidence of misconduct.
The specific effect that harassment has on your family law and divorce case can vary. Informing your attorney about any online posts or harassment is important. They can use it as evidence and explain how this might affect your case.
If you find yourself a victim of digital bullying during your divorce, here are some steps you can take:
Navigating through the complexities of divorce and child custody cases can be emotionally draining and legally challenging. Dale L. Bernstein, Chartered Law Office is adept at providing comprehensive legal guidance throughout this difficult process. With a wealth of experience in handling such cases, we can work to help you protect your legal rights and options.
If you find yourself under attack through social media or other digital platforms, our attorney can help you document these instances, advise on the legal options available to you, and represent you effectively in court if necessary. Please be advised we can only provide counsel as it relates to your divorce case; should you wish to press charges, we cannot help with the criminal case.
Call (727) 312-1112 toschedule a consultation today.