Tracking Technology and Divorce in California: Is It a Good Idea?
Vista, CA – Sometimes during a divorce, one spouse wants to know what the other has been doing, who they have been associating with, and where they’ve been going. With the proliferation of smaller and smaller tracking devices, finding this information out has never been easier. With devices able to be attached to cars and people, and with many more being disguised as common items like clocks and smoke detectors, a spouse can discover quite a lot about the spouse they will be divorcing.
The Decision NOT to Track
While tracking a spouse may be tempting, especially if cheating is involved, any respected California divorce attorney will advise their clients to refrain from tracking anyone or anything.
Family law attorney John Griffith of Griffith, Young, and Lass, advises his clients not to track, because the practice is illegal. He said, “The unauthorized spying and tracking of an individual is illegal in the state of California and can subject the person to criminal as well as civil penalties.”
Griffith added that these rules even apply to divorcing spouses and covers every device from hidden cameras and spyware installed on the computer to listening devices and GPS trackers.
California penal code 637.7 bars against tracking someone’s location or movement, unless the person has consented. A tracking device in this respect could refer to a GPS tracking device for a vehicle or any other device that tracks movement or location by the transmission of electronic signals.
If someone breaks this statute, it would be considered a misdemeanor that could result in a fine and jail sentences of six to twelve months.
When You Are Being Tracked
What happens if one spouse suspects the other is tracking their movements or location? “There are steps you can take,” advised Griffith. For instance, the divorce lawyer advised to search for keyloggers being installed on the computer or strange apps being installed on one’s phone.
The fact is, trackers are becoming smarter, smaller, and much more difficult to detect. Anyone who suspects that they are being tracked in California as their divorce looms should contact an attorney to assist with their case. That is the only way to ensure that all tracking devices are identified, and their information is not used as evidence during the divorce process.
To learn more, visit the website of California family law firm Griffith, Young, and Lass, serving Carlsbad, San Diego, and the surrounding areas.
About GYL: Griffith, Young & Lass is a family law firm operating in Carlsbad, San Diego, Vista, La Jolla, and other areas throughout California. Compassionate and aggressive, the family lawyers are dedicated and committed to getting their clients the best possible outcomes for their cases.
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