How to Deal With Cyberbullying and Online Harassment in Custody Disputes

When custody battles go digital, cyberbullying and online harassment can have real legal consequences—learn how to protect yourself and your family.

Did you know that more than 4 in 10 American adults reported experiencing online harassment? For parents involved in custody disputes, the digital world can amplify already tense situations, adding new challenges and complexities to an already stressful process.  

From cyberbullying to defamatory social media posts, online behavior can play a significant role in custody decisions. But how exactly does this impact your case? What kind of evidence do courts consider, and how can you effectively document harmful online interactions to protect yourself and your family?  

We’re going to explore the growing influence of cyberbullying and online harassment in custody disputes, offering actionable insights to help parents approach these challenging situations with clarity and confidence.

What’s Considered Cyber Harassment?

Cyber harassment occurs when someone uses electronic means to threaten, harm, or intimidate another person. Under New Jersey law (2C:33-4.1), this could include:

• Threats to cause physical or emotional injury to another person or their property.
• Sending or posting obscene, lewd, or indecent material designed to harm someone emotionally or cause fear.
• Threatening to commit a crime, such as property damage or physical assault.

These actions can occur through various online channels, including email, social media platforms, text messages, and other electronic communication tools. In custody disputes, it’s not uncommon for a co-parent to receive many messages consistently throughout the day and even late into the night. This could, under certain circumstances, also be considered cyber harassment. 

If you receive any of these communications, documenting them thoroughly is critical to addressing the situation. Speaking with your experienced family law attorney will help you understand if what you’re experiencing falls under the cyberbullying law.

Cyber Harassment Is Considered a Form of Domestic Violence

Cyber harassment can qualify as domestic violence under the New Jersey Prevention of Domestic Violence Act. This applies when the victim has a specific relationship with the harasser, including ex-spouses or individuals with whom they share a dating or family relationship. Victims in these situations may seek both criminal charges and a temporary restraining order (TRO) to stop further harassment.

Getting a TRO is an essential step to safeguard yourself and your family. A court order can legally prohibit the harasser from making further contact, ensuring an added layer of protection.  

What Evidence Do You Need to Prove Harassment in NJ?

Proving harassment in New Jersey can be challenging, especially since the concept of harassment relies on intent and subjective feelings like fear or emotional harm. However, presenting strong evidence is necessary to build a credible case. 

Useful evidence to gather for proving cyber harassment might include:

Communication records: Emails, text messages, screenshots of social media posts or comments, and voicemails.

Documentation: A log of incidences, including dates, times, and descriptions of the harassment.

Witness testimony: Statements from individuals who observed or heard the harassment.

Physical evidence: Damaged items or any tangible proof tied to the harassment.

Medical or psychological records: Reports showing harm caused by the harassment.

Official complaints: Filed with an employer, HR representative, or other relevant authority.

Additionally, New Jersey law requires prosecutors to demonstrate four elements to convict an individual of cyber harassment. 

A prosecutor must prove that the accused:

• Made a communication or post.
• Used the internet, social media, or electronic communication to do so.
• Intended to harass the victim.
• Issued a specific threat, obscene material, or mention of criminal intent.

If you’re facing online harassment, gathering evidence early and consulting with a family law attorney can significantly strengthen your position. 

Can The Police Do Anything About Online Harassment?

Law enforcement is critical in addressing and responding to harassment cases in several ways. They can work to identify the harasser, helping to track them and establish their identity, even when attempting to operate anonymously or at a distance. 

Police canhelp with these important steps to obtain protection and justice:

Filing a Report: Even in cases where no specific law applies, filing a report creates an official record of the situation.

Obtaining a Restraining Order: The police can assist you in filing for legal protection to keep the harasser at a distance.

Bringing Criminal Charges: If sufficient evidence exists, the police can pursue charges against the perpetrator.

Connecting You With Resources: They can link you to victims’ advocacy groups and federal resources like the FBI’s Internet Crime Complaint Center (IC3).

If you can gather sufficient evidence, the police may pursue criminal charges against the perpetrator, holding them accountable for their actions. Additionally, law enforcement can connect victims to important resources, including advocacy groups and federal programs such as the FBI’s Internet Crime Complaint Center (IC3), which focuses on internet-related crimes. 

It is essential to prioritize your safety. If you feel immediate danger, don’t hesitate to call 911.

How Does Cyberbullying Affect My Custody Case?

Courts handle child custody disputes with the child’s best interest as the highest priority. If one parent engages in cyberbullying against their co-parent or others, it could negatively impact their chances of winning custody. Judges will closely evaluate how a parent’s behavior might affect the well-being and safety of the child.

Not only does cyberbullying raise concerns of emotional harm, but in some cases, it can suggest that a parent may not provide a stable or healthy environment for their child. Additionally, threats or harassing behavior could indicate that co-parenting may be problematic, further influencing custody decisions.

Being accused of cyber harassment can have serious repercussions for your parental rights. It’s vital to address the matter promptly if you’re in this situation.

Why You Should Have Legal Support 

Whether you’re facing harassment, considering legal action against a harasser, or navigating how these issues might influence your custody case, involving an experienced family law attorney is a smart step. 

An experienced legal professional can help with:

• Gathering and presenting evidence.
• Ensuring your rights are protected.
• Filing necessary legal documents, such as restraining orders or criminal complaints.

Having a trusted advocate on your side can increase your confidence during this difficult time and improve your chances of achieving the best outcome for you and your children.

Contact the Compassionate Family Law Attorneys at Smedley Law Group, P.C. in Woodbury, NJ 

If you’re facing divorce, you’ll also most likely be dealing with another matter like child custody, child support, or division of assets, so you’ll need to speak with a qualified attorney. The New Jersey family law attorneys at Smedley Law Group, P.C. represent clients throughout the state, including West Deptford, Woodbury Heights, Runnemede, and Westville. 

We understand how challenging this time can be for you, so we’ll fight hard to protect your interests and those of your loved ones throughout the legal process. Call us at (856) 251-0800 or fill out our confidential contact form to schedule a consultation. Our office is conveniently located at 750 Cooper Street, Woodbury, NJ 08096.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.