Millions of people use at least one form of smart technology in their homes, and the number of smart households increases every day. Most people use smart devices and technologies to simplify their daily tasks and increase the efficiency of their homes. Having the ability to run the washing machine, turn on the oven, or adjust the thermostat from anywhere in the world, for example, are some of the ways that smart-home technology can make daily life more manageable.
But some people are using smart technology to engage in acts of domestic abuse. Abusers are increasingly using smart technology to remotely track, watch, monitor, listen to, and in many cases frighten, harass, and intimidate their victims. In Pennsylvania, the use of smart technology in this way may be grounds for a Protection from Abuse Order (PFA), or may violate an existing PFA.
Use of Smart Technology May Be Grounds for a PFA
In Pennsylvania, a PFA is an order that courts issue to protect people from abuse from someone with whom they have or had a special, close relationship. Reasonable fear of imminent, serious bodily injury constitutes abuse under Pennsylvania law. Use of smart technology in a way that causes someone in a close relationship to reasonably fear serious, imminent harm may be grounds for a PFA.
For example, remotely seizing control of an ex-girlfriend's home appliances and other technology might frighten and intimidate her, causing her to fear that she is in imminent danger, especially if there is a history of domestic violence in the relationship. Under these circumstances, these acts might be grounds for a PFA.
Remotely turning smart lights on and off in an ex-wife's house, using old passwords to lock and unlock her home's smart doors, randomly opening and closing her home's smart window blinds and shades, or blasting music through the ex's smart speakers in the middle of the night might also constitute abuse and be the basis of a PFA in Pennsylvania.
Use of Smart Technology May Violate an Existing PFA
PFAs prohibit defendants from contacting domestic violence victims in any way, even indirectly. Using smart home technology in certain ways may constitute a form of contact.
For example, using a smartwatch app to monitor an ex-wife's location remotely, or using a smart doorbell or security camera to keep track of when an ex-girlfriend is or is not home may qualify as “contact,” and violate a PFA. Taking over and remotely controlling an ex's smart thermostat – making it excessively hot or cold in the house – or listening in on the ex's private conversations via a smart speaker may also be forms of contact that can violate an existing PFA. The case law on this topic is still developing.
The LLF Law Firm Can Help Victims of Smart Home Technology Domestic Abuse
Our Criminal Defense Team at the LLF Law Firm has many years of experience representing clients in domestic violence cases and matters involving PFAs throughout Pennsylvania. We can help anyone involved in a domestic violence matter understand the implications of smart home technology, and work with them to craft an effective legal strategy that ensures their rights are protected. Contact the LLF Law Firm at 888-535-3686, or submit a confidential online consultation form.
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