Attorney C. Chan, Esq. Affordable Family Law,Strategy-Driven, 4.7/5 Ratings! Free Consultation, Butte county Family Law Attorney C. Chan 530.359-8810

Sunday, September 13, 2020

SOCIAL MEDIA ACCOUNTS+HOW THEY WRECK YOU AND YOUR CASE, WARNING ON DNA "GIVE AWAY" DATA.....

Tsk, tsk, tsk.........you will have been warned if you read this, BUT it might be too late because you had not read it, and someone already saved what you wrote for posterity OR OTOH, saved it to use AGAINST YOU IN COURT???  (my website has almost 200 different posts on various subjects that relate or could relate to family law; see far right hand side of site and scroll down; it goes back to 2014 but attorney has been on blogs since 2006)         

                             NOW DON'T TELL ATTORNEY THIS ISN'T FUNNY.. RIGHT????

We all need some laughs now and then...especially before you decide to engage in critical thinking about how your case will or should be handled, and why you should not lose...now remember, you are not the attorney. You are the Petitioner or Respondent. 

However attorney is not an actual litigant, she is only the "attorney"--but the attorney has many, many years of experience in watching and determining how clients will act under pressure. This is not to second guess anyone, but to carve out the best path for the case. The ability to learn, accept change and go with the flow is helpful, and so is laughter.



 With Covid being here to stay, unfortunately, we have had to
 make jokes about a lot of things--if we did not do so, 
it's likely most clients will end up giving up when they didn't need to give up???

**Attorney can post almost anything because--- attorney is not the LITIGANT--we all know that Covid has changed just about everything as we knew it???** 

 You are not the attorney and must carefully not post, send,put online,or via email or Instagram, anything that could be used against YOU--
because it will be used against YOU by your ex--mark my words....that is why
we specifically warn people--- you need to shut up and stop posting and sending things that will be used against you. 
Common sense!!!!! Do not try and get attention, you don't need 
that right now. If you have no common sense, then start NOW and stop being your 
own worst enemy. Facebook is the #1 example of how clients make idiots of themselves.
STOP posting on there. STOP broadcasting crap that doesn't need to be said.
Facebook is one of the worst inventions ever devised--- it takes human
weaknesses and amplifies it. No one "needs" Facebook. It is categorically either
an advertising medium, a political platform, or you have been beguiled into
believing you NEED it.  No one NEEDS it. Just because Facebook has made
likely billions off of dumb people doesn't mean you have to join them?!!




SO HERE IS WHAT NOT TO DO WHEN YOU ARE ONE OF THE PARENTS.....

As we all know, the number one culprit is usually facebook or Instagram or whatever new social media crap site is out there to tell people your business when you should not need to broadcast it in the FIRST place??? BE SUPER SUPER CAREFUL NEVER TO SEND PEOPLE THINGS ON YOUR PHONE THAT WILL BE THEN GIVEN TO THE OPPOSING SIDE.  THIS IS A KEY RULE. SHUT UP AND DO NOT BROADCAST Y0UR DIRTY LAUNDRY!!!!!! 

DO NOT POST IT ANYWHERE, VIA EMAIL, SKYPE, FACETIME, FACEBOOK, ANYTHING ONLINE- NONE, ZERO, NIP.  NOTHING SHOULD BE SENT OUT VIA TEXT, EMAIL OR POSTED ANYWHERE.


Obvious things never to do, include posting of imbibing alcohol, especially in a contest (whether in a bar or otherwise), engaging in stripping off clothes (regardless of where), driving drunk and bragging about it, harming your kids (people filmed you doing it), denigrating the x or current spouse online, or even on video, showing how you set up secret illegal hidden cameras (this is not a joke), buying illegal drugs, then bragging about that, videos of any sexcapades (whether legal or not), winning a contest for drinking too much, proof that you were stealing, proof that you take illegal drugs from someone else's prescriptions, any proof of illegal or illicit conduct, any proof of harm to another person or an animal God forbid, any proof you gave your own kids or other children alcohol or illegal substances, to force them into sleeping?  This is not an exhaustive list but attorney has seen many of these things happen in bad cases.         




Because these days, people think everything should be on Facebook, and let's face it, there is very little privacy left because kids are raised on cell phones, over use of computers, and they learn to quickly denigrate others by copying their parents and friends?

IF this sounds like you, it's best to stop now before it's too late, before you talk too much about whatever, and before you ruin your own case because you aired your dirty laundry?

Where you are physically (usually shown by the location data on your phone) will clearly out you if you say differently in court documents than what the phone records show?




            Actual case:  One parent was apparently having an affair, and the other parent (the client) did not know about it. BUT because they shared some type of program that can give all the parties the text messages, messaging, and etc. of each other, the client accidentally just happened to find the sex related texting between the spouse and the boyfriend????  Well,  do you think that caused the end of the marriage?  Of course it did. It then also led to a DV TRO because of finding out? Actually I had at least three of these cases which involved DV TROs.....

                The marriage was likely damaged way before this happened, but who in the world wants to find out such a thing because it's available???
                 I am sure some people will agree that such availability for spying is great---- maybe in this case it was not, but you get the drift???

There are published DV TRO cases that in part, were or are specifically based in part,  upon infidelity via cell phone data??  I believe I know most of the cases involving such antics but there will always be new ones coming out!!!   Here is the case most people know about: https://law.justia.com/cases/california/court-of-appeal/2018/a148482.html


WARNING AGAINST GIVING AWAY YOUR ACTUAL DNA INFORMATION:

https://www.jdsupra.com/legalnews/privacy-risks-of-recreational-dna-19997/

This is a dangerous concept because once such information is sold, it is very difficult to
gain it back???  People these days do many things without any thought of consequences.

There are usually only 2 reasons why anyone would NEED your DNA information and normally
no one can force you into it unless you are arrested.