What Happens if I Use a Tracking Device on My Ex During an Orlando Divorce?

Spouses may be tempted to engage in all kinds of tactics during divorce proceedings. Some of these strategies may be advantageous, while others are likely to backfire. A clear example of a strategy in the latter category involves using a tracking device on your ex. What might happen if you’re caught doing this in Florida? How might it affect your divorce in Orlando?

Florida Man Faces Serious Consequences for Tracking Ex-Wife and Daughter

 In November of 2024, it was reported that a man had been accused of using tracking devices on his ex-wife and daughter in Florida. He allegedly used these devices while divorce proceedings were ongoing, although the purpose of this strategy is unclear.

Police became aware of this issue when the wife noticed that her estranged husband had followed her to a pizza restaurant. The husband seemed to know where the wife would be despite not being informed of her whereabouts. After returning home from the restaurant, she searched the trunk of her car and discovered a Samsung Galaxy SmartTag.

These devices have become popular among spouses and partners going through breakups. They are technically legal, and they are designed to help travelers keep track of lost luggage. However, their use becomes illegal in the context of stalking and cyberstalking.

After locating the first SmartTag, the wife continued to discover new tracking devices in her vehicle. Next, the man’s daughter also discovered a SmartTag in her vehicle. When confronted about these tracking devices, the man claimed that he was only trying to keep an eye on his loved ones. This man was obviously unaware that Florida has strict laws against the nonconsensual use of tracking devices.

Penalties for Using Tracking Devices During Divorce 

Recently, Florida created new laws against the nonconsensual use of tracking devices. This is now a third-degree felony, which means you could spend up to five years in prison if caught. You may also be charged with cyberstalking or stalking.

In terms of your divorce, this behavior may completely destroy the family court’s trust in you. Stalking is a form of domestic abuse under Florida law, which means that this behavior may also affect your child custody outcomes.

It makes much more sense to work with an experienced lawyer when trying to gather evidence. Your lawyer can request official documents and evidence from your ex – and the rules of discovery force them to follow up on these requests. Through discovery, you may be able to gain access to your ex’s cellphone records, emails, and much more.

Can an Orlando Divorce Lawyer Help Me Gather Evidence? 

Evidence-gathering is best left to the professionals. Although you might be tempted to take matters into your own hands with a tracking device, it makes more sense to work with an experienced divorce lawyer in Orlando. These legal professionals can help you gather and request evidence without having to resort to illegal behavior. To learn more about your next steps, consider a consultation with Steve Marsee, P.A. today.

Sources: 

cbs12.com/news/local/locksmith-accused-of-tracking-ex-wife-and-daughter-with-samsung-smarttags-in-delray-beach-tracking-devices-divorce-family-drama-florida-man-november-19-2024

nbc-2.com/article/florida-law-bans-nonconsensual-tracking-devices/62477629