Technology is constantly evolving, and today, many parents use digital tools such as Life360, Apple Air Tags, and “Find My iPhone” to keep track of their children. But while there can be many safety benefits to using tracking technology for families, these tools can sometimes become a problem when spouses are going through a divorce or dissolution. Although tracking technology can be a good thing to know where your teenagers are, it can be a bad thing when it is unlawfully used to spy on the other parent. If you are parting ways with your spouse, it’s important to understand the permissible and impermissible uses of tracking technology during a divorce under Ohio law.
Ohio’s Tracking Technology Law and Divorce
Under Ohio Revised Code 2903.216, it is a misdemeanor to use tracking devices or applications on another person’s property, person, or vehicle without their consent. This includes tracking through GPS devices in vehicles, location-sharing apps on phones, and any electronic monitoring tools. Once a divorce or dissolution action has been filed, any prior consent is deemed to be revoked and the spouse who installed the devices has 72 hours after being served with the complaint to uninstall them or discontinue use. Similarly, if the spouse who gave consent files or obtains an order of protection against the spouse using the technology, it must be removed within 72 hours.
It’s essential to note that there are several exceptions to this law. Specifically, it does not apply when a parent uses tracking technology to track a minor child when any of the following apply:
- The parents of the minor child are lawfully married and not separated or living apart, and either consents to the use of the tracking device;
- The parent using the tracking device is the sole surviving parent of the minor child;
- Parental rights and responsibilities are solely allocated to the parent using the tracking device;
- The parents of the child are divorced or separated and parental rights and responsibilities have not been allocated to either parent, and both consent to use of the tracking device;
Criminal Penalties
- First offense: Misdemeanor of the 1st degree (up to 180 days in jail and $1,000 fine)
- Felony of the 4th degree (6–18 months in prison and up to $5,000 fine) if the person:
- Has a prior conviction for this offense or menacing by stalking,
- Was subject to a protection order at the time,
- Has a history of violence toward the victim, or
- Has previously been found to represent a substantial risk of physical harm to others.
Be aware that in many contested divorce or domestic-violence cases, the offense will be charged as a felony on the first occurrence. If the parents are divorced or separated and parental rights and responsibilities have not been allocated to either parent, and only one parent gives consent, the consenting parent may use the tracking devices only during their own parenting time. However, they must disable them during the nonconsenting parent’s parenting time.
Alternatives to Using Tracking Technology in Divorce to Gather Information
While using tracking technology in divorce or dissolution is impermissible in most instances, there are other methods of gathering evidence that can be considered. For instance, if a spouse’s infidelity, financial misconduct, drug or alcohol use by a parent, or parental unfitness in any other way are issues in your case, a private investigator might be able to gather evidence legally that can be used in court, but be aware that a private investigator is only indemnified from wrongdoing if they either do not suspect or know this information is being used in the commission of a crime – which tracking technology would be – OR that a protection order is not in place – whether or not the private investigator knew about it. Notably, while infidelity itself doesn’t necessarily impact the division of property, spousal support, or parental responsibility matters, it can be relevant if marital funds were used to carry out the affair or if the spouse’s new partner has a history of violent behavior or drug/alcohol use and your children might come in contact with that person.
The discovery process is more often used to lawfully collect information that will support your case. The discovery tools used in divorce can include:
- Depositions: Depositions are out-of-court question and answer sessions where the attorney for one side can interview the other spouse. The testimony provided is under oath and recorded by a court reporter. This tool is used to gather information, verify facts, assess credibility, and later impeach a party at trial if possible.
- Interrogatories: Interrogatories are a series of written questions sent by one spouse’s attorney to the other party that must be answered under oath. They can be used to gather information about finances, assets, debts, and other details relevant to the issues in the case.
- Requests for documents: Requests for documents are formal demands for information relevant to the case, such as bank statements, tax returns, communications, and property records to ensure full financial disclosure has been made.
- Subpoenas: If a party refuses to produce information requested or cannot obtain it, subpoenas may be used to compel a third party to provide it.
- Requests for admission: Requests for admission are formal, written requests that ask the other spouse to admit or deny certain facts to narrow down the issues in dispute and streamline the litigation process.
Another way information can be gathered without the use of tracking technology in divorce or dissolution is through publicly available information, such as dating sites or various social media sites. For example, Facebook, Instagram, TikTok, X (Twitter), and other social media platforms can reveal information about hidden assets by showing photos of luxury purchases or expensive vacations. Content that shows excessive partying, substance abuse, or other examples of parental unfitness may impact the allocation of parental rights and responsibilities. A LinkedIn profile that shows employment history or asserts certain job skills can undermine claims of low earning potential. Photos, posts, comments, messages, and other social media content can all be treated as crucial evidence in divorce, regardless of whether a spouse has privacy settings on their account.
Contact an Experienced Ohio Divorce and Family Law Attorney
If you are concerned about your spouse’s use of tracking technology in divorce, or you are wondering how tracking devices may be legally used in a family law matter, it’s vital to have a knowledgeable attorney by your side. Located in Green, Ohio – halfway between the Akron and Canton courthouses – Melissa Graham-Hurd & Associates, LLC provides reliable representation to clients for a wide range of divorce, dissolution, and family law matters. Contact Melissa Graham-Hurd and Associates to schedule a consultation to learn how we can help.
