Internet Evidence In Ohio: Will It Hold Up in A Court of Law?

inspector looking into magnifying glass

internet evidence ohio courts.jpgIn this day and age, where children can operate their parents smart phones before they can read, where sending a hand-written letter has been replaced by a text, and where anything you could ever want to know is just one Google search away, it is not surprising that technology and the internet have found their way into our court systems. And with all this material so readily available, it begs the question . . . will information found on the internet hold up as evidence in a court of law?

In Ohio, it seems that it depends on the situation.  In Bank of Am., N.A. v. Miller, the Second District Court of Appeals was asked by the Plaintiff to take “judicial notice,” and therefore accept factual information found on U.S. Bank’s website.

The Court explained that in order for it to take judicial notice, Ohio courts generally will only do so if a party is unable to deny the information that is posted on the website. In addition, if a party is seeking to use a website document as evidence, it will only be admitted if it fits within an exception to the hearsay rule.  For example, in Hess Read More... “Internet Evidence In Ohio: Will It Hold Up in A Court of Law?”

Why You Should Think Twice Before Posting A Photo of Your Child

post photo childWe often agonize about the technology expectations we have for our kids, but what rules do our children want for us?

When kids between the ages of 10 to 17 were asked that question, their highest priority was that we “be present” when we are with them. Children wanted a rule that there would be “no technology at all in a certain social contact: Pay attention/put down the phone when your child is trying to tell you something important,” according to research just published by Alexis Hinker and associates.

The second most important rule from our kids was that we “Don’t post anything about me without asking me.” “Twice as many children as parents expressed concerns about family members oversharing personal information about them on Facebook and other social media without permission,” said co-author Sarita Schoenebeck.

Do children have a right to privacy?

A California law went into effect in 2015 gives minors an electronic eraser button. They can delete any post made in social media, and sites like Facebook must clearly inform kids how that can be done. However, this only applies to what is posted by kids, not what adults post about their children.

Should you seek your … Read More... “Why You Should Think Twice Before Posting A Photo of Your Child”

The Ohio Family Law Blog Selected as One of the Top 100 Legal Blogs

child connectOn October 3, 2016, I was notified that the Ohio Family Law Blog was selected by Feedspot.com one of the Top 100 Legal Blogs on the internet! These award winning blogs span various dimensions of law such as Business Law, Employment Law, Family Law, Construction Law, Personal Injury Law, Criminal Law and many other areas of law throughout the world.  Feedspot.com offers a site where you can save time by selecting topics to your specific interests, including law and everything from lifestyle issues to culture, business and sports and have the articles emailed to you. It is a very cool compilation of online information about most everything!

The blogs were ranked independently based them on the following criteria:

  • Google reputation and Google search ranking;
  • Influence and popularity on Facebook, twitter and other social media sites;
  • Quality and consistency of posts; and
  • Feedspot’s editorial team and expert review.

The Ohio Family Law Blog ranked #54 overall, topped the list of family law/divorce blogs and was ranked the second highest rated legal blog in Ohio.  In addition, our blog had previously received acclaim as a Top Divorce Blog by Attorney.org.

The Ohio Family Law Blog has been in existence now since 2007. … Read More... “The Ohio Family Law Blog Selected as One of the Top 100 Legal Blogs”

Divorce: Spouse Missing? Send Summons On Facebook!

Will Serving Divorce Papers Via Facebook be Allowed in Ohio?

divorce facebook ohioJustice Matthew Cooper of the Manhattan, New York, Supreme Court is setting precedent which is likely to be a game-changer should the rest of the country follow suit.

In a recent decision, Justice Cooper gave Ellanora Baidoo the green light to serve her elusive husband, Victor Sena Blood-Dzraku, divorce papers through his Facebook account.

The couple, both from Ghana, were married in a civil ceremony in 2009.  Shortly thereafter, the relationship began to unravel when Blood-Dzraku refused to fulfill his promise of participating in a traditional Ghanaian wedding ceremony.  As a result, the couple parted ways and only remained in contact via social media and the occasional phone call.  Nevertheless, Blood-Dzraku apparently does not want a divorce as every attempt to find him has failed.

Baidoo’s attorney, Andrew Spinnell, explained that Blood-Dzraku is nowhere to be found.  The last known address for him was vacated in 2011, the post office has no forwarding address for him, no billing address linked to his prepaid cell phone exists, the Department of Motor Vehicles has no record of him, and even efforts by a private investigator hired to find him have failed. In … Read More... “Divorce: Spouse Missing? Send Summons On Facebook!”

Revenge Porn Laws Enacted In Many States Except Ohio

Groups Push To Outlaw Revenge Porn

Facebook Hit With Civil Lawsuit Over Revenge Porn

revenge porn ohioIn today’s ever connected world, what was once private often becomes public. Most individuals almost certainly have a smart phone camera or tablet device with a camera at their fingertips at any time.  This increase in accessibility coupled with the desire to photograph anything and everything has turned often daily tasks into internet posts.  This is all well and fun when it comes to photographing your dinner, your adventures and travels, and most often, your pets. Things can turn ugly though when this type of technology is brought into private relationships and intimate encounters.

Can You Post Nude Photos of Your Spouse Online Without Consent?

As a divorce lawyer, I am seeing more cases where a bitter spouse either threatens or disseminates nude photos of his/her spouse online.  Assuming there are current restraining orders in place preventing “harassment”, a contempt motion can be filed. That may be an inadequate remedy after the fact. So, individuals are looking  at both the state criminal and civil statutes.

State legislatures are rushing to enact laws that prevent the posting of private nude photographs and videos online.  This is a … Read More... “Revenge Porn Laws Enacted In Many States Except Ohio”

Internet Becomes First Choice For Attorney Searches

The Most Popular Way To Find An Attorney Is Through Internet Searches According To Survey

internet attorneyA recent survey conducted by Thomas Reuters (published by Findlaw.com) found that today more individuals prefer using the internet to find an attorney than any other method.  Of the individuals surveyed, 38% preferred to use the internet as a first choice to find their next attorney.  This percentage rose from 7% in 2005 to the current 38% in 2014.  The second choice, asking a relative or friend, dropped from its 2005 percentage of 69% to a mere 29%.

The advancement of the internet as a tool to find attorneys should come as no surprise.  The internet is booming in the United States and has continued to rapidly spread among all age groups in usage and access.  The United States ranks second worldwide in internet subscriptions (behind China) but ranks number one in the world with mobile access to the internet.  The full list can be seen here.   These numbers have been increasing drastically over the past few years, but are not the only significant impact on individuals using the internet to find attorneys.

One other large factor in this increase must be attributed to … Read More... “Internet Becomes First Choice For Attorney Searches”

Online Dating: Less Likely to Divorce If You Met Your Spouse Online?

Early Study Reveals Online Dating Sites Among Best Meeting Place For Marital Bliss

online datingA few recently published studies have explored the new developments in the field of online dating and online dating sites.  These studies have shown that, more often than not, couples who meet on these sites are more likely to stay together and are generally happier than couples who meet offline.   Below we’re going to break these studies down, go into the numbers a bit, and then detail any of the critiques that may be relevant to the recent studies.

Harris Poll Study On Online Dating

One study published in the Journal of the Proceedings of the National Academy of Sciences, involved contacting 20,000 recently married individuals.  Of these individuals, 35% met through an online dating website. (That’s 7,000!)  About 20 percent of online meetings happened through a social networking site such as Facebook or Twitter, and about 15 percent of those meetings happened through instant messaging, email or a chat room. The study also goes on to detail the percentage of marriages that fall apart by couples who met online, and the percentage of marriages that fall apart for couples who met offline.  The numbers, 8 percent … Read More... “Online Dating: Less Likely to Divorce If You Met Your Spouse Online?”

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