Can your mobile phone use impact domestic violence charges?

On Behalf of Kirsch Daskas Law Group | Feb 10, 2022 | Criminal Defense 

Prosecutors and police officers in Michigan often try to build a case for domestic violence without relying entirely on the testimony of a victim. Frequently, the individuals affected by alleged acts of domestic violence do not want to play a role in the prosecution or recant even if they initially cooperate.

Police officers responding to domestic violence calls and prosecutors investigating a situation often look for corroborating evidence of ongoing domestic violence. In some cases, the mobile phone of the person they charged with an offense or the other party involved in the situation could provide crucial evidence.

Researchers associate certain phone behaviors with abuse

According to self-reported information about how people use their mobile phones, more than a third of men admit to receiving or sending abusive digital communications. These abusive digital conversations might include insults, threats or constant demands for information about someone’s whereabouts. Such communications have a strong correlation with unhealthy or abusive relationships. 

If someone’s text messages, email records or social media apps on their phone show a history of abuse of communication, someone might submit that information to the police as evidence. The police could also find evidence of abuse of communication if they get a search warrant for the phone content or a subpoena for the company’s records.

When police officers want to show an abusive relationship existed, digital communications between the parties could help them achieve that goal. Being aware of how others might misconstrue your digital communications and understanding when police can access your phone records can help you plan a defense strategy related to domestic violence allegations.