Journal article

LEGAL RESPONSES TO NON-CONSENSUAL SMARTPHONE RECORDINGS IN THE CONTEXT OF DOMESTIC AND FAMILY VIOLENCE

Heather Douglas, Mark Burdon

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL | UNIV NEW SOUTH WALES, FAC LAW | Published : 2018

Abstract

The increasingly ubiquitous use of smartphones is further complicating the legal response to domestic and family violence (‘DFV’). Perpetrators can now use smartphone recording facilities to record private conversations and activities of their (ex-)partners. Such behaviour may be a criminal offence of breach of a domestic and family violence protection order or stalking. On the other hand, those who have experienced DFV can record perpetrators and use the recordings in legal proceedings. The use of non-consensual smartphone recordings as evidence in DFV related cases is increasing and courts must determine when recordings are admissible. A key factor in making such determinations is whether ..

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University of Melbourne Researchers