Can Digital Abuse Be Evidence in a VAWA Case?

One of the biggest challenges for immigrants considering applying under the Violence Against Women Act (VAWA) is not knowing if they have enough evidence to build a strong case. 

Many people believe that if they haven’t been victims of physical abuse, they do not qualify for this benefit. However, it’s important to understand that violence does not always manifest in the same way. 

In today’s article, we’ll discuss digital abuse, a form of mistreatment where technology (social media, the internet, mobile devices) is used to harm, control, or intimidate another person. 

If you’ve experienced this type of abuse, you may be able to file a VAWA self-petition with evidence of emotional or psychological abuse. This form of violence is also severe and may be enough to make you eligible for this protection. 

How Does Abuse Happen Through Technology? 

Abuse through technology is a form of mistreatment where the abuser uses digital devices or social media to control, harass, or intimidate the victim. This type of abuse can take many forms, including: 

1. Social Media Harassment: The abuser uses social media to spy on the victim, post humiliating content, or make intimidating comments.
2. Device Control: Monitors the victim’s phone, email, location, and social media without consent. They might also install surveillance programs (spyware).
3. Threats and Harassment Through Messaging: Sends texts, emails, or social media messages to threaten or harass the victim.
4. Sharing Private Information: Posts or threatens to post personal information, intimate photos, or videos of the victim as a form of control or revenge.
5. Unauthorized Access to Accounts: Gains access to the victim’s personal accounts to manipulate or restrict access to essential services. 

 How Can You Qualify for VAWA if You’ve Experienced Digital Abuse? 

To qualify for VAWA, individuals must demonstrate that they have been victims of “abuse or extreme cruelty” by a U.S. citizen or permanent resident who is their spouse, parent, or child over 21 years old. 

If the abuse includes digital mistreatment, it can be valid proof of abuse or extreme cruelty in a VAWA case. For more information about the VAWA process, you can check this article. 

 How Can You Protect Your Safety and Privacy Online? 

In an increasingly digital world, it’s important to know security measures to protect yourself from abuse or surveillance through technological devices. Below, we outline some strategies to maintain your safety and privacy if you feel someone is using technology against you. 

1. 1. Use Secure Devices
      If you believe someone is monitoring your devices (like your computer, tablet, or phone), consider using a safer one that they haven’t had access to before. This might include a computer at a public library or a friend’s phone. This way, you can have a communication alternative that is harder to control or manipulate. 
   2. Seek Support
      Living in a situation of abuse or surveillance can be overwhelming. There are hotlines that can provide guidance: 
      • National Domestic Violence Hotline: 800-799-7233
      • Sexual Assault Hotline: 800-656-4673
      • Human Trafficking Hotline: 888-373-7888
   3. Develop a Strategic Safety Plan
      When you suspect that technology is being used against you, it’s natural to want to remove devices or accounts. However, sometimes it’s better to plan carefully before taking action to prevent the abuser from reacting dangerously. Some strategies include:
      • • Using a secure device for certain interactions while keeping the monitored device to gather evidence.
        • Documenting the abuse you’re experiencing to have proof if you decide to take legal action or seek additional support.
   4. Identify the Abuse
      Analyze the abuser’s behavior patterns to understand how they might be using technology against you: 
      1. Do you feel like you’re being watched at home? This might indicate hidden cameras.
      2. Do you think you’re being followed while driving? There might be a tracker in your car.
      3. Are you suspicious of a mobile device? It could be spyware.

      Identifying these patterns can help you implement specific security measures and gather evidence.

   5. Additional Protections:
      
      • Change Passwords and Usernames: If you suspect someone has access to your accounts, change them using a secure device. Consider creating new accounts with anonymous usernames and strong passwords. 
      • Check Privacy Settings: Ensure your devices and accounts aren’t connected to others without your permission. Disable features like Bluetooth and monitor data usage to detect potential spyware. 
      • Protect Your Location: If you think someone always knows where you are, they may be using technology to track your location. This could include:
        
        • Disabling location sharing on your mobile device. 
        • Contacting your mobile provider to check if location-sharing services are enabled. 
        • Having your car inspected by a mechanic or private investigator if you suspect there’s a tracking device. 
   6.  Seek Legal Support
      If you’re undocumented and have been a victim of digital abuse by a U.S. citizen or permanent resident, you may be eligible to apply for VAWA. With this benefit, you have an opportunity to obtain protection and legal status in the country. 

       Since the VAWA process can be complex, it’s advisable to seek assistance from an immigration attorney or a domestic violence support organization to ensure your application is well-prepared.

      At Saavedra & Perez Law, we are here to provide you with the support and guidance needed throughout the VAWA process, helping you build a strong and secure case.