Can My Facebook Be Used as Evidence Against Me in a Divorce? NH Divorce Lawyer

Is Social Media Evidence Admissible in a Divorce Case?

Many factors have to be taken into account before content on social media is used as evidence in court. But yes, your Facebook posts can serve as evidence against you in court. In fact, Facebook has become so weighty in divorce issues such that the first advice most lawyers give to their clients is to avoid social media during divorce proceedings.

Before we go to specific examples, below are the three main conditions that evidences from social media must meet before they are considered admissible in court:

Relevance

The evidence in question must have some weight on the case. In other words, it should be able to influence the ruling if it is admitted. It is upon the person presenting the evidence to show that it is relevant. If the antagonist is able to convince the court that such evidence is not necessary, it will be rendered invalid, whether it is true or not.

Traceability

It should be possible to find source of the evidence if need be. In private sites where posts can be instantly and completely deleted from the system, it is not easy to trace them after such actions.

In Facebook, however, content on walls can still be recovered months after you’ve pressed the “delete” button. In addition, if another person shared the content on their own wall, you cannot delete it from there since you no longer have rights over it.

Also, note that, if it can be proven that you removed content from your wall with intent to hide it from the court and influence ongoing proceedings, you might face charges of spoliation.

Lawful

All evidence collection must be done lawfully. This means that your private inbox cannot be accessed without your consent. However, Facebook walls are considered public hence any evidence acquired from there is admissible, provided it can be traced to you.

Of importance to note is that you don’t have to be the author of a post for it to be used against you; if a friend tags you in a post and you allow it to display on your wall, some jurisdictions will pin responsibility on you.

Instances where Facebook may work against you

Let’s use the example of child custody and support claims: You are trying to convince the court that you are a responsible parent. Suddenly, your (former) partner reveals a Facebook post in which you swore how you drank till you blacked out. Worse, a friend attaches pictures or videos of you gulping down bottles.

Another example is when you claim that you are broke yet, on your wall, there are recent pictures of you shopping overseas or staying in expensive hotels.

Fortunately, all hope is not lost when you act early. If you think that there is something that you shared on your wall that might affect your leverage in divorce proceedings, tell your lawyer immediately about it. There are loopholes that experienced family law attorneys may pursue to significantly reduce the impact of such facts.

By Joseph Annutto

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Safe Driving Tips for St. Patrick’s Day - Avoid DUI in NH

Safe Driving Habits for St. Patrick’s Day

Every 17th of March, the Irish as well as Irish-at-heart celebrate the patron saint of Ireland. The holiday began as a religious feast day and has now turned in to a cultural celebration where individuals enjoy beer, special foods, parades and the color green. Celebrations can easily get out of hand when there is alcohol involved, meaning individuals must ensure they remain safe while enjoying the holiday. Learning safe driving habits is key to enjoying St. Patrick’s Day while remaining secure. Below are a few tips to help you stay clear of any unnecessary accidents during parades or a night out on the town.

Plan Your Evening

To get started, you will need to plan your evening. Several states around the US offer St. Patrick’s Day celebrations, including New Hampshire. Find local parades, festivals and restaurants who may be offering festivities. You may find local pubs and bars offering a pub crawl or unique drinks to celebrate the holiday that you may like to try. Figure out what you wish to do so you have a solid plan for the evening.

Designated Driver 

Once you know where you want to go, you need to figure out how you will get there. If you will be drinking, consider finding a designated driver. You want to avoid getting a DUI or your friends getting a DUI in New Hampshire. Take the time to find a friend or family member who might want to go out for the holiday and be willing to drive. Offer to pay for food or drinks, even gas, so that the designated driver can be compensated for not getting to drink during the festivities.

Alternative Transportation

If everyone in your party plans on drinking, you will need to find an alternative form of transportation. No one needs to drive after drinking, even having just one beer. You do not want to end up in the drunk tank at the local jail, charged with a DUI. Consider hiring a taxi to pick you up and take you to the venue of choice or perhaps ride in style with a limo. Depending on where you live, you should have at least one or two options to help you move about town. Driving services such as Uber can assist you with transportation as well. Even local bus or shuttle service can be beneficial.

Celebrate at Home

If you really want to stay safe and still have a good time, consider staying in. You can purchase decorations, cook specialty foods and even use food coloring to make beer green. Drink as much as you like with no worry about getting in trouble with the police and having a DUI on record. You will be safe and secure, having fun at home. Invite family and friends over, either finding them transportation home or offering your home for the night so they too can remain free and clear of any DUI charges.

Overall, it is important to plan the evening and stay safe. Make smart decisions so you will not regret the night later!

By Joseph Annutto

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Avoid a DUI - Watch for Sobriety Checkpoints on New Year's in New Hampshire

New Year’s Eve is a great time to get out and celebrate the end of one year and the start to another great one. It is a time that you often go out and party with your friends and other family members, and sometimes things get a little out of hand. Because so many people choose to spend this time enjoying drinks and partying until early in the morning, New Hampshire has set up various sobriety checkpoints throughout the state. These are meant to keep everyone safe on New Year’s, but if you are caught with too much alcohol, it could be a bad ending to your day. Here are some ways to stay safe on the road and not get stopped at your New Hampshire sobriety checkpoint this year.

Have a designated driver

Before you go out, consider picking someone who can be the designated driver. This is someone who will agree to not drink when you are all out and who will make sure that everyone gets home safe. If you get stopped at one of these sobriety checkpoints, they will not have any alcohol on their breath so you won’t have an issue. If you do have a designated driver for this night, treat them right; pay for gas, make sure they have plenty of nonalcoholic beverages, and be nice. They are missing out on some of the fun to make sure you get home safely and with a clean record.

Don’t indulge too much

If you do plan to drive yourself home, don’t indulge in drinking too much. One or two drinks, well before your time of driving home is all you should enjoy. Otherwise you will get stopped and could add something to your permanent record. Don’t just assume you’ll be fine, just don’t drink at all.

Hire a taxi to go home

Sometimes you go out with the best intentions of just seeing a few people and then heading back without drinking. But then the festivities catch up to you and all of a sudden you have had too much to drink. Rather than getting stopped at one of these sobriety checkpoints and getting in trouble, consider calling in a taxi. They can get you home safely and you can go back and get a car later.

Party at a friend’s home

Consider having a party at your home or at a close friends’ home. This is a safe environment and it would be possible to spend the night, or at least a few more hours, rather than going out and driving drunk. Get a plan together beforehand. If you are throwing the party, set up a few beds and let everyone know they are more than welcome to stay the night rather than getting into a car accident while driving. This will help to keep everyone safe and no one will get stopped at a checkpoint and get into even more trouble.

Stay in town

Anytime you have too much to drink, it is best to stay where you are. If you drove into town or a bigger city to party, don’t try and drive home when you have had a few drinks. Consider reserving a hotel and staying the night there. This can be a nice little break or vacation to start the New Year and is going to prevent you from getting stopped along the way.

Sometimes accidents happen on New Year’s and you will get into trouble. Whether you were caught on a sobriety checkpoint in New Hampshire or you were in an alcohol related accident, find a competent criminal DUI attorney in New Hampshire to help you out with these legal situations.

By Joseph M. Annutto

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Drone Use in Interspousal Spying and Divorce - New Hampshire

That tiny model airplane of past decades has evolved into what is known now as a drone.  Drones have been proliferating since 2009 and is widely applied in many areas, including logistics, military surveillance, police investigations, and photography.  

But some people have found other uses for drones, though in not so ethical ways.  They are being used in taking high-resolution photos and videos in order to catch a philandering spouse red-handed.  People who wish to spy on their spouses can either hire a professional drone operator to manipulate the device to capture incriminating evidence against their spouses, or operate the device themselves. The evidence can be a strong factor in receiving a favorable divorce settlement.

Spy Drone Laws

Now comes the question of whether using drones to spy on your spouse is legal.  As with other methods of inter-spousal spying (like wiretapping a phone or activating a hidden camera inside the marital bedroom), this issue is still a gray area.  That is, especially if the spying was activity conducted right in your own home, which is of course within your own area of jurisdiction.  It’s similar to wiretapping your own phone at home in order to catch any conversations made by your spouse to an illicit lover.

Each state has its own laws about inter-spousal spying and what is defined as “invasion of privacy.”  Twelve states including New Hampshire have so-called “all-party consent” where mutual consent between spouses is necessary in communications monitoring. 

If you ever plan on using drones to spy on your own spouse’s activities, be aware that each person is entitled to privacy protection under the law.  You may be accused of stalking, harassment, and trespassing (if the drone surveillance was done at another location).  Your spouse has the right to file these charges against you as a criminal case. 

Marital Torts

Such a case is more known as a marital tort.  Marital torts include any misdemeanors against one’s own spouse, like physical assault and battery, infection with STD, wrongful death, defamation, and rape.  And yes, wiretapping is one of the grounds for a marital tort. 

Marital torts were born out of recognition for women’s civil rights which then negated the traditional “unified marital entity” concept where spouses cannot sue each other.

In New Hampshire, your spouse can take you to court for marital tort if he/she finds out you have been employing a drone to videotape his/her activities in order to gather evidence for divorce proceedings.  You could be asked to pay a fine for harassment and invasion of privacy, as well as emotional distress brought about by your surveillance.  So it is best that you don’t even start spying in the first place.

Know Your Legal Rights

Likewise, if you have discovered that your spouse has been using drones or other devices to monitoring your activities in order to gather evidence against you to be used in divorce court, don’t let him/her get away with it.  Remember that you have your own personal rights even if you’re married, including the right to file charges against your own spouse.  Instead, get legal help immediately to know how you can stand up to that harassment.


By Joseph Annutto


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Safe Trick or Treating this Halloween in New Hampshire - Injury Lawyer Nashua

Halloween Safety Tips For New Hampshire Residents

Halloween is upon us and  New Hampshire residents and towns are getting ready to invaded.  Halloween is celebrated by all sizes and ages of ghosts and goblins. 

Like the rest of the country, the highlight of the Halloween celebration for little folks in New Hampshire is going trick or treating around the neighborhoods.  The car accident rates for New Hampshire is one of the lowest this season.this season, however even just one Halloween-related accident would be tragic. 

To ensure  a fun-filled evening out in the streets of NH,, here are some Halloween safety tips. 

•    Always use sidewalks. Don’t walk on the street except to cross at pedestrian lanes.

•    Follow traffic signs and lights.  At roads with no signs, steer clear of any oncoming car, and don’t attempt to cross the road when a fast-moving vehicle is approaching.

•    Since most trick or treating is done at dusk and after, make sure that you and your fellow trick or treaters carry lamps and flashlights, or wear very light or fluorescent colors.  Don’t use candles or lighters to illuminate your way.

•    Walk in groups and keep track of everyone in your party.  Learn to wait for each other before proceeding to the next house.

•    Always look both ways before crossing streets.  And always cross on pedestrian lanes.  If there are no pedestrian lanes, cross at the corners.

•    Plan your route beforehand and discuss it with family members and friends.  This way, your group will already know where to go.  Or in case anyone loses something, you will know how to retrace your steps.

•    For kids under 12, always have an adult with you during the trick or treating.

•    Visit only homes that have lighted porches.

•    Don’t attempt to enter abandoned places.

•    Stay away from dark areas. 

•    In case of any accident, get help immediately.
 
•    Have a parent or other adult inspect your goodies before you eat them.  Throw away any open or damaged packages. If something looks suspicious, throw it away.



 By Joseph. Annutto


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Back to School in NH: Pedestrian Safety Tips for New Hampshire Students

Travel Safety Tips for New Hampshire Students

It’s almost September, and you know what that means!  New Hampshire students like you are headed back to school.  It will be another school year of walking, biking, or bus riding to your classroom. 

But going back to school is also fun as you get to spend time with your friends as well as learn new things.  There are field trips, science projects, and sports tournaments to look forward to.  You won’t want to miss any of these by not taking enough precaution from catching an illness or getting into a pedestrian accident. 

Pedestrian collisions are among the worst accidents that can happen to you and other New Hampshire students if you don’t take necessary precautions.  Not only will you have to go to hospital and be treated for injuries, you also risk lawsuits as it isn’t always the driver at fault under New Hampshire law.    For instance, the driver is only less than 50% responsible for the pedestrian collision case if the pedestrian was found to be jaywalking or horse playing on the street just before the accident occurred.

Safety Tips Checklist

Here are a few safety tips for New Hampshire students who walk to school.

• Never rush on the way to school.  You may have gotten up too late and needed to get to school on time before the bell rings, but don’t risk an accident for it.  Instead, ask one of your parents or neighbors to take you to school in their car.
• Use the sidewalk instead of the street, unless you are crossing to the other side. 
• Follow traffic lights.  Don’t cross while the light is still red. 
• Use designated crosswalks to get to the other side.  Never jaywalk. 
• Wait till the vehicles (including bicycles) have come to a full stop before you cross their paths.
• Always look both ways before crossing, even if the light is green on your side, you’ll never know if there’s a driver who’s speeding to beat the red light.
• Never take alcohol. If you had to take cold medicine and feel drowsy afterward, ask someone to go with you to school.  Better yet, ask your parents to drive you there.
• During bad weather, use an umbrella, a raincoat or waterproof jacket, and sturdy non-slip shoes.  Be careful when walking through puddles, as some might be deep and can cause tripping.  It may also be best to let a family member drive you to school during such days.
• Walk through main roads and avoid taking shortcuts into alleys or wooded areas. 
• Stay away from stray animals, like raccoons and dogs.  These may be infected with rabies. 
• Avoid carrying a heavy load of books on your back. Instead, use a trolley cart or bag with wheels. 
• Get home on time, as you wouldn’t want your parents to worry.  If you know that you can’t make it home at a specific time, contact your parents as soon as possible. 
• Have a friend or two walk with you.  There’s safety in numbers.
• When walking after dark, use brightly-colored or neon clothing and a flashlight.
• If there are no sidewalks and you must use the street, walk towards oncoming traffic so that you can see the vehicles.
• Keep an eye out for parked vehicles with people inside.  Steer clear as they may be possible abductors.
• Don’t talk to strangers.  If a stranger follows you, walk faster and call for help.  Make noise so as to draw attention.   
• Avoid horseplay and pushing one another on the sidewalk.
• Make way for people who are skating or skateboarding on the sidewalk.

What to Do If Injured

If you have been injured through a negligent driver then it would be in your best interest to contact a personal injury law firm.

By Joseph Annutto

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Divorce Laws for New Hampshire in 2015

Divorce is a tricky subject. This is because the laws are extremely varied in every state. In New Hampshire, for a couple to file for a divorce, the court requires that several different procedures be followed:

The first issue is to determine that New Hampshire has jurisdiction.  The most popular method is for one party to be a resident of New Hampshire for at least (1) year prior to filing for divorce, and the divorce must fit within a varied set of guidelines, determining fault or no fault.

-Irreconcilable differences that caused breakdown of the marriage.

-Impotency of husband or wife

-Adultery

-Cruelty to Either Party

-Imprisonment 

-When either party's health or safety is of concern

-If couple has been absent for 2 years or is a drunk for 2 years

-If either member of the couple refuses to cohabit with each other for a period of 2 years together.

Most cases are no fault or irreconcilable differences.

Distribution

New Hampshire is considered an "equal distribution" state- and what that means is that marital property is divided by what the law thinks is fair. This kind of treatment is meant to encourage both parties to establish ownership and divide property without the court deciding for them.

Generally speaking, the courts would divide the amount right down the middle, but there are extenuating factors that can play into their decision:

-The duration of the marriage

-The age, health, or social or economic status of either party

-The opportunity for each party to acquire future property, assets and wealth

-The ability of the parents to raise children with assets split

-Need of custodial parent to occupy the home

-The actions of each party that contributed to growth or decline of wealth

-Pension or retirement rights

-A prenuptial made in good faith

Child Support/Alimony Payments

New Hampshire courts determine alimony based on the obligation of one spouse to another on either a temporary or permanent basis, which is typically decided with a case-by case approach. Then, the court takes into account the total length of the marriage, the age, overall health and ability of the two parties and also the occupation, sources and amounts of income, and then awards property based on vocational skills, employ-ability, and the needs of the parties.

Child Custody/ Support

In the state of New Hampshire, it's the court's responsibility to do anything possible to lessen any trauma that a child might be experiencing, especially if parents can't come to an agreement on custody- and the court establishes parenting time between the parents upon it's discretion.

This decision is based on many factors, namely:

-the relationship between the child and each individual parent

-the ability of each parent to assure food, clothing, shelter, medical care, and a safe environment

-the ability to meet a child's needs for developmental and educational support

-the quality of life, school and community that potential effects would have on the child/children
-how supportive one parent is of the other parent’s relationship with the child

Obviously, divorces are complex- and reconciliation is typically a difficult situation. It would be in your best interest to contact a good local divorce attorney to help you through it. The laws in New Hampshire exist solely to help individuals find equality in these hard times- which is best achieved with cooperation.

By Joseph Annutto

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