People now have the ability to interact
with their homes in a way that wasn't even imagined ten years ago.
We now have the ability to control things when we are away from our
homes. We can turn lights and appliances on and off. We can change
the temperature in the home by controlling the thermostat. We can
set off alarms, activate cameras and look inside the home, and speak
through devices to people in the home and outside. We can track cars
and cell phones. We can even monitor driving habits.
All of these smart applications are
designed to make our lives better. However, they can allow a new
type of abuse and harassment when a couple split up and one partner
moves out of the home. The person out of the home can now control
all of these devices and use them to annoy or abuse the partner in
the home. Imagine the distress created if one partner finds out that
their whereabouts have been tracked by a smart application on their
phone or car. People can be hit with large heating and utility bills
if the heat is turned up or lights turned on when a person isn't
home.
No matter how much trust exists within
a marriage, precautions should be taken when a couple separate. The
first thing that should be done is to change all passwords for all
devices. You may be able to block the other partner from using the
applications. All accounts for these items can be transferred into
the name of the spouse in the home. The other thing that can be done
is to get a court order that prohibits the other person from using
the applications.
In most divorces, the partner remaining
in the marital home obtains a court order that gives that person
exclusive use of the home. Sometimes a similar order issues for use
of cars. It is a simple matter to add language that prohibits the
other partner from using any smart applications or devices that
impact the home, car, or cellphone. Violation of this order can
result in sanctions from the court.
Perhaps the biggest fear is that one
spouse can track the movements of the other and then use this
information in court in a divorce trial. Obtaining an order that
prohibits use of the tracking applications should prevent any use at
trial of this type of information.
Any time a household breaks up and
results in a divorce or other litigation the parties should consult
an experienced family law
attorney. This attorney can give advice and propose a course of
action to minimize problems from smart technology and to obtain a
court order to prohibit abuse by smart technology.
