Yes. Throughout my career as a family law attorney, I have observed New Jersey laws evolve along with technology. Ranging from divorce and child custody cases to domestic violence matters, posts on social media websites have become powerful evidence for lawyers to present to judges of the Family Part of the Superior Court of New Jersey. Such posts can be used to prove a plethora of behaviors spanning the cause for a divorce (i.e., pictures with a paramour) to child neglect and even terroristic threats. Furthermore, what your “ex” expresses about you on a social media platform, especially when children are involved, can generate high emotions and serious problems ranging from embarrassment (especially considering the wide scope of people that social media reaches) to fear for one’s (or your family’s) safety and well being. Moreover, with more and more children on social media, it is clearly not in their best interests to be watching their parents “go at it” for all to see.
Therefore, the lawyers at my law firm have taken steps in cases wherein the parties agree that it is not in anyones’ best interest to have the other making disparaging, public comments on the internet. It is essential that both parties stipulate to such an arrangement to become a court order. This is because a judge cannot order such an arrangement due to a legal theory known as stare decisis (i.e., precedent). However, your attorneys may still draft language that would achieve the goal of neither “ex” disparaging the other on social media sites such as Facebook, Instagram and Snapchat. Specifically, you may have your lawyer prepare a Consent Order that would memorialize such an agreement. Once the terms of the consent order are finalized, the judge assigned to your case shall execute the Consent Order and it then becomes law. Consequently, if the other party violates the consent order, you would have the right to have your attorney file a motion with a New Jersey Family Court to enforce your litigant’s rights, sanctions and attorneys’ fees in connection with the application.