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Spying via i-Devices May Be Stalking

Man using iphone

In the recent case of E.D.B. v. D.S., the Appellate Division upheld the trial court’s finding of domestic violence where the husband/defendant surreptitiously placed an iPad in a shared home office and an iPhone under his wife’s bed to monitor and record her activities.

In accordance with N.J.S.A. 2C:25-19(a)(14), stalking is defined, in part, as “purposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.”

In this case, the court found the husband to have stalked his wife, adding that his intention in doing so was to gain evidence against her to use in their pending divorce proceeding.

The Court also found compelling a prior history of domestic violence, as the husband had previously surveilled his wife by placing a tracking device in her car.

With the widespread use, and often overuse, of electronic devices, it is important to know what is permissible and what is not. Having a finding of domestic violence against you creates significant complications in your family law matter. If this is something you are presently faced with, you should seek legal counsel expeditiously. We encourage you to call our office and schedule a consultation as soon as possible.

If you have any questions or concerns about this post or any other matrimonial or family law issue, please do not hesitate to contact me at