The Value of Digital Communications

In the digital age, a significant portion of our personal and family relationships takes place through emails, WhatsApp chats, and social media profiles. When a marriage enters a crisis, these conversations often become an archive of facts, promises, and behaviors that can take on decisive importance in separation or divorce proceedings. Understanding how to use this information as valid evidence in court is crucial, but acting without legal guidance can entail significant risks. As a family lawyer in Milan, Avv. Marco Bianucci assists his clients in the strategic management of these delicate elements, ensuring they are collected and presented in full compliance with the law.

Admissibility and Limits of Digital Evidence

The Italian Code of Civil Procedure admits digital reproductions, such as emails, SMS, and WhatsApp messages, as means of evidence. However, their evidentiary weight is not automatic. For a judge to consider them valid, this evidence must pass a scrutiny of authenticity and integrity. The opposing party, in fact, has the right to contest them, claiming they have been altered or do not originate from the person attributed to them. In such cases, it may become necessary to resort to a technical expert report to certify the origin and non-manipulation of the digital data, a step that requires expertise and careful preparation of the material.

The Difference Between Lawful Production and Privacy Violation

A crucial aspect concerns the methods of acquiring evidence. Using messages received on one's own device or conversations one has legitimately participated in is generally permitted. Conversely, accessing the spouse's email account, social media profile, or smartphone without authorization to extract information constitutes a serious privacy violation and can amount to crimes such as unauthorized access to a computer system. Not only would evidence obtained in this way be unusable in court, but it would also expose the person who collected it to criminal charges, with consequences that can jeopardize the outcome of the separation case itself.

The Bianucci Law Firm's Approach

Handling the collection and use of digital evidence requires a clear strategy that is aware of the risks. The approach of Avv. Marco Bianucci, a family lawyer with extensive experience in Milan, is based on in-depth preliminary analysis. The goal is to assess not only the admissibility but also the strategic relevance of each potential piece of evidence. Only information strictly pertinent to proving facts relevant to the separation, such as the violation of marital duties for fault-based divorce or the actual economic capacity for determining maintenance payments, is considered. The Bianucci Law Firm guides the client in the secure preservation of evidence, indicating the correct methods to preserve its integrity and preparing it for potential judicial use, protecting the client from impulsive and potentially harmful actions.

Frequently Asked Questions

Can I use WhatsApp screenshots as evidence in my separation?

Yes, screenshots of WhatsApp chats can be presented as documentary evidence. However, their evidentiary value is lower compared to other methods of acquisition. If the opposing party contests their authenticity, a screenshot alone may not be sufficient. It is always preferable to adopt methods that guarantee the integrity of the conversation, such as an IT expert report that acquires the data directly from the device.

Is it a crime to secretly access my husband's/wife's email or Facebook?

Absolutely yes. Accessing an email account or a password-protected social media profile without consent constitutes the crime of unauthorized access to a computer system. Evidence obtained in this manner is legally unusable in civil proceedings and, more seriously, exposes you to criminal charges. It is an action to be categorically avoided.

Can a social media post be used for fault-based separation?

Yes, a public post on platforms like Facebook or Instagram can be relevant evidence to demonstrate an extramarital affair or behavior contrary to marital duties, contributing to a claim for fault-based divorce. It is essential that the post is public or that it was acquired lawfully to be effectively used in court.

How can I prove that a message has not been forged?

The strongest proof of the authenticity of a digital message is obtained through a forensic IT expert consultation. An expert can extract the data directly from the device's memory, drawing up a report that attests to its origin, date, and integrity. This method drastically reduces the possibilities of contestation by the other spouse.

Contact Avv. Marco Bianucci in Milan

Managing digital evidence is a complex and delicate aspect of modern family law. An incorrect assessment can jeopardize the outcome of the case and entail legal risks. To analyze your situation and define the safest and most effective strategy for your case, you can contact the Bianucci Law Firm located in Milan, at via Alberto da Giussano, 26, to request a personalized consultation with Avv. Marco Bianucci.