Tracking Devices Are Illegal In NJ

In today's digital age, technology plays an increasingly significant role in many aspects of our lives, including divorce proceedings.

As a New Jersey divorce lawyer, I often encounter clients who inquire about the use of tracking devices to monitor their spouse's movements or activities during the divorce process.

While it may seem like a tempting strategy to gather evidence or gain leverage, it's crucial for divorcing people in NJ to understand that using tracking devices can constitute a form of stalking and is illegal under New Jersey law.

The use of tracking devices, such as GPS trackers or spyware installed on smartphones, to monitor another person's movements or activities without their consent is a violation of privacy rights.

In New Jersey, stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer emotional distress.

This includes tracking someone's location or monitoring their communications without their knowledge or consent.

It's important for someone going through divorce proceedings to recognize that resorting to such invasive tactics can have serious legal consequences.

Not only is the use of tracking devices unethical, but it can also lead to criminal charges and civil liability.

In New Jersey, stalking is a criminal offense punishable by imprisonment and fines, and individuals found guilty may also be subject to restraining orders and other legal penalties.

Moreover, evidence obtained through illegal means, such as the use of tracking devices, is likely to be inadmissible in court.

Judges typically frown upon tactics that violate privacy rights and may exclude such evidence from consideration during divorce proceedings.

This means that any information gathered through the use of tracking devices may not be used to support claims or arguments in court, undermining the credibility of the party who employed such methods.

Instead of resorting to underhanded tactics like using tracking devices, someone who is involved in divorce proceedings should focus on pursuing legal avenues for obtaining relevant information and evidence.

This may involve engaging the services of a qualified divorce lawyer who can assist in gathering evidence through lawful means, such as subpoenas, witness testimony, and financial records.

Furthermore, it's essential for divorcing people to prioritize their emotional well-being during the divorce process and to refrain from engaging in behaviors that could exacerbate tensions or escalate conflicts.

Using tracking devices not only violates the privacy and autonomy of the other party but also perpetuates a hostile and adversarial dynamic that can prolong the divorce process and inflict further emotional harm on all parties involved, including children.

In conclusion, as a divorce lawyer in New Jersey, I strongly advise against the use of tracking devices as a means of gathering evidence or monitoring a spouse during divorce proceedings.

Not only is it illegal and unethical, but it's also unlikely to yield favorable outcomes and may ultimately harm the individual employing such tactics.

Instead, people going through divorce should focus on seeking legal guidance and pursuing fair and equitable resolutions through lawful means, with the assistance of a qualified divorce lawyer.

By prioritizing integrity, respect, and adherence to the law, divorcing people in New Jersey can navigate the divorce process with dignity and integrity, ultimately achieving outcomes that serve their best interests and those of their families.