Technology has transformed nearly every aspect of modern life, including the ways people connect, communicate, and separate. This transformation has brought a darker counterpart: technology-facilitated abuse (“tech abuse”). This growing form of coercive control involves the use of digital tools —smartphones, social media, GPS devices, smart home systems, and online platforms — to monitor, control, harass, threaten, or manipulate partners and family members. In 2019, domestic abuse charity Refuge reported that 72% of women accessing its services said that they had been subject to tech abuse. Such abuse is often experienced as part of a pattern of controlling behaviour and other domestic abuse such as physical, sexual, emotional, psychological or financial abuse.
The first UK conviction for stalking using a smart home device occurred in 2018, in a case where a perpetrator listened in to his ex-partner’s conversations through accessing an iPad mounted on the victim’s kitchen wall, which was being used to control internet-connected home appliances.
As family courts increasingly encounter evidence of digital surveillance, online harassment, and electronic manipulation, understanding and addressing tech abuse has become essential to ensuring the safety and justice of victims in family proceedings.
Defining tech abuse
Tech abuse refers to the misuse of technology to exert power and control over another person. It can occur during a relationship, after separation, or even through legal proceedings themselves. While traditional abuse often relies on physical proximity, technology enables continuous reach — allowing abusers to invade victims’ privacy, spread misinformation, or cause distress remotely.
Tech abuse can include:
- Control of devices or accounts: controlling a person’s access to their phone, email, social media, internet or other technology or demanding access to accounts and to read private messages.
- Hacking: hacking into a person’s phone, email or social media accounts to delete messages or photos, send messages to third parties or block the owner’s access to their accounts.
- Surveillance and tracking: using GPS devices, phone apps, home cameras or vehicle trackers to monitor a person’s location.
- Smart home manipulation: controlling or monitoring lights, locks, or heating systems in shared homes to intimidate or distress.
- Online harassment: flooding people with messages, calls, or threats through email, social media, or messaging apps. They may also make posts or comments about a person online that are hurtful, untrue or threatening.
- Cyberstalking: harassing or intimidating someone online
- Bank account monitoring: using banking apps to monitor or control spending or move money around.
- Threatening to share information: threatening to share confidential information, screen shots of messages, photos or information that could cause embarrassment online.
- Revenge porn: sharing or threatening to share intimate images without consent.
- Legal harassment: making repetitive or frivolous online court applications to continue contact or control a victim.
Technology in family law
Family law cases often involve high emotions, necessary ongoing contact, and shared parenting responsibilities — which can make victims particularly vulnerable to ongoing digital abuse.
Evidence and disclosure: throughout all types of proceedings both parties may present screenshots, message logs and other digital disclosure to support their case. Such disclosure raises concerns around how such evidence is being obtained and the authenticity of such evidence given the emerging technology which provides the ability to alter or manipulate images and even videos and voice notes.
Covert recordings: covert recordings refer to audio or video recordings made without the other party’s knowledge or consent. They are often used by one parent or partner to capture evidence of abuse, threats, or inappropriate behaviour. Such recordings can raise a number of issues especially around provocation and alteration and in most cases judges exercise caution when considering whether covert recordings can be admitted. Covert recordings may be seen as intimidation potentially justifying injunctive relief.
Covert recordings of children: in general, the court does not approve of covert recordings of children. The courts have considered the direct impact of making a child the subject of frequent covert recordings and the emotional abuse that can be caused by this. Covert recordings of children raise issues of leading questions and manipulation. It can be detrimental to the child’s wellbeing and raise questions about the parent’s ability to promote the child’s best interests.
Parenting arrangements: communication around arrangements for the children may be an avenue where one parent could continue to harass or intimidate the other parent. Courts increasingly specify the use of a monitored parenting app as the way that parents should communicate with each other.
Children’s accounts: one parent may use online games, phones, share family accounts, social media and other technology to connect to children and encourage them to share information about the other parent.
Remote hearings: remote hearings make it easier for a party to intimidate or monitor proceedings. It is not always possible to see who is in a room during remote proceedings and it may be difficult for one party to access a private space for the hearing.
Protection from tech abuse
Some steps which victims of tech abuse can take to protect themselves include:
- Blocking their partner’s numbers and accounts and communicating through coparenting apps
- Changing all passwords and securing devices
- Turning off location settings on all devices
- Increasing privacy settings or limiting their social media presence
- Preserving digital evidence such as screenshots or messages by sending them to another devise or to a third party
- Removing themselves from joint apps and accounts and setting up their own accounts
- Seeking legal advice on protective orders
- If you have concern that there may be devices planted in your home or car, sweeping services can be obtained to remove any listening or tracking devices.
The Domestic Abuse Act 2021 broadened the definition of domestic abuse to include coercive and controlling behaviour which can encompass the types of behaviour which are part of digital abuse. Courts can and have considered digital behaviours when assessing domestic abuse claims.
Victims of tech abuse may access the same remedies as survivors of other forms of domestic abuse. There are a variety of domestic abuse protections available An overview of domestic abuse protections | Weightmans. You can also discuss safety measures that the Family Court can put in place with a solicitor. These include:
- if you want to ensure your partner can’t contact via any means, you can apply for a non-molestation order What is a Non-Molestation Order? | Weightmans
- if you want to stay in the house and exclude your partner, then you can apply for an occupation order What is an occupation order? | Weightmans
Conclusion
Tech abuse is a growing concern in family law, affecting victims, children, and legal proceedings. While progress has been made, as it becomes more prevalent, family law must continue to evolve to ensure that it is keeping pace with technology. By recognising tech abuse as a serious form of domestic abuse, providing tailored protections, and improving tech literacy across the legal system, we can better safeguard families in the digital age.
If you or someone you know is experiencing tech abuse, seek legal advice and support from one of our expert family solicitors.
