02 5114 2660

Technology abuse in separations: know the risks

Separation is often a highly emotional time, and with the growing reliance on digital communication, it’s important to be aware of how technology can be misused and the serious consequences that can follow.

What is technology abuse?

Technology abuse in family law refers to the use of devices and online technology such as mobile phones, social media, email, tracking apps, or shared accounts to control, intimidate, monitor, or harass a current/former spouse and/or family member. While this abuse may not always be physical or face-to-face, technology abuse can be just as damaging and is increasingly recognised in Australian family law.

Common examples include:

  • sending abusive or threatening text messages or emails
  • gaining access to a family member’s phone, email, or social media without permission
  • tracking someone’s location using apps or devices
  • monitoring call logs, messages, or online activity
  • sharing private or intimate images without consent (often referred to as “revenge porn”). 

Why it matters legally

Many people don’t realise that these actions can have serious legal consequences. Under Australian law, technology abuse can amount to family violence. The Family Law Act 1975 (Cth) defines family violence broadly to include behaviours that cause fear or are coercive or controlling - including digital forms.

This means:

  • Evidence of technology abuse can be used in family court proceedings, particularly in parenting matters.
  • It may result in intervention orders or protection orders (such as an Apprehended Domestic Violence Order or Family Violence Intervention Order).
  • In serious cases, technology abuse can lead to criminal charges.

The dangers of retaliation or ‘checking up’

Some clients may feel tempted to go through a former partner’s phone or social media, especially if they suspect infidelity or poor parenting decisions. However, accessing someone’s private device or account without their permission is likely to be unlawful under Australian privacy and surveillance laws - even if you were previously in a relationship.

Similarly, sending threatening or emotionally charged messages might feel justified in the heat of the moment but can be used against you in court and in the modern era, screenshots and text records are commonly presented as evidence.

Protecting yourself—and your case

If you are going through a separation, here are a few important tips:

  • Communicate respectfully and keep records of all communication.
  • Avoid accessing or attempting to access your ex-partner’s devices or accounts.
  • Do not use children, shared devices, or family apps to monitor or control the other party.
  • If you’re concerned about harassment or safety, seek legal advice and consider applying for a protective order.
  • Secure your own digital accounts and update passwords regularly.

Final thought

Technology can make separation easier but it can also be misused in ways that harm relationships, children, and legal outcomes. If you’re unsure whether something crosses the line, it’s always best to speak to your lawyer first.

Need advice on technology use or family violence issues during separation? Contact us for a confidential consultation.