When you’re facing accusations of domestic violence, text messages, social media updates, and even private messages can come under legal scrutiny.
At Correa & Martinez Trial Lawyers, we’ve seen firsthand how digital communications can tip the scales in court—sometimes unfairly, sometimes decisively. Our trial-tested attorneys have successfully defended clients in complex domestic violence cases where this material became central to the prosecution’s strategy. We’re sharing this blog because too many defendants underestimate how quickly a casual comment, a sarcastic text, or a misunderstood post can be weaponized against them.
Digital Communications Are Powerful Evidence
In Florida, digital communications— even deleted content—are treated as evidence under the same rules as traditional documents. For a post or message to be admitted in court, it must satisfy three key evidentiary requirements:
- Relevance: The content must relate directly to the facts of the case or have probative value in establishing a point at issue (Florida Statutes § 90.401).
- Authentication: The party introducing the evidence must prove it is genuine. This can be done through testimony, metadata, device records, or other proof showing the message came from the person alleged (Florida Statutes § 90.901).
- Hearsay Compliance: If the communication is being offered for the truth of what it says, it must fall under an allowable hearsay exception or exclusion (Florida Statutes § 90.801–90.803).
The Florida Bar has emphasized that courts “treat social media and texts under the same evidentiary rules as traditional documents,” making proper authentication and context critical for admissibility.
Patterns of Digital Behavior Can Strengthen Prosecution Cases
In addition to individual statements, prosecutors can analyze a series of digital communications to establish patterns of harassment, intimidation, or threats.
Florida’s cyberstalking law makes it a criminal offense to engage in “a course of conduct to communicate… words, images, or language by or through the use of electronic mail or electronic communication” directed at a specific person, causing substantial emotional distress and serving no legitimate purpose (Florida Statutes § 784.048).
Here’s what you need to know:
- Repeated messages—whether hostile, manipulative, or suggestive of surveillance—can be presented as evidence of ongoing harassment
- If the communications include a credible threat, the charge can escalate to aggravated stalking, a felony offense carrying harsher penalties (Florida Statutes § 784.048(3))
- In domestic violence cases, this means that your entire digital footprint can be examined, not just for isolated incidents, but for patterns of conduct that prosecutors argue support their case
Social Media Plays a Dual Role
Content shared online can be used to infer your location, activities, or intent before and after an alleged domestic violence incident. To reiterate, Florida courts have acknowledged that social media evidence can provide critical insight into behavior patterns and state of mind when properly authenticated.
Furthermore, deleting or “going private” doesn’t shield you. Once an investigation or criminal case is underway, deleting posts or changing privacy settings can be viewed as destruction or concealment of evidence.
Under Florida law, tampering with evidence is a criminal offense (Florida Statutes § 918.13). This includes:
- Altering
- Destroying
- Concealing
- Removing any record to impair its availability for use in a proceeding
Courts may also instruct juries to draw adverse inferences from such actions, potentially harming your defense.
Correa & Martínez Trial Lawyers Are Here to Help
Digital evidence can be one of the most decisive factors in a domestic violence case. A single message—stripped of context—can shape a damaging narrative, while a thoughtful, strategic defense can reveal the whole truth.
From the moment you hire us, we work to secure and review every piece of electronic communication, challenge evidence that fails to meet Florida’s strict requirements, and present your story with clarity and credibility. We understand how prosecutors build cases around texts and social media, and we know how to dismantle them in court.
If you’ve been accused of domestic violence, time is not on your side. The sooner you involve our trial-tested team, the stronger your defense will be. Call Correa & Martinez today to schedule a confidential case evaluation and protect your rights before they’re put at risk.
