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Make the Invisible Visible: A Family Law Attorney's Field Guide to Digital Evidence and Technology-Facilitated Abuse

by Tina Swithin

A practical guide to digital evidence in family law

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AlbakiReads Editorial

A practical guide to digital evidence in family law

Tina Swithin’s guide addresses the point where family law practice meets technology-facilitated abuse: recognizing possible digital surveillance and handling the records it may leave behind. It organizes the subject around four patterns of abuse, common evidence-handling and authentication problems, subpoena procedures, and a set of first actions for an initial client meeting. The book also discusses incorporating digital forensics into legal practice, with appendices presented as working documents. Its emphasis is on the attorney’s role in identifying, preserving, and presenting digital material, rather than on technical instruction alone. The legal procedures and practices described are the book’s guidance; readers should assess them in light of the requirements applicable to their cases.

Good fit for readers who enjoy

  • Family law attorneys handling cases with a digital evidence component
  • Legal professionals seeking an introduction to technology-facilitated abuse and digital evidence
  • Attorneys looking for practical checklists and working documents related to evidence handling

Themes

Technology-facilitated abuseDigital evidence preservation and authenticationFamily law practiceSubpoena procedureDigital forensics

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Book overview

Your client isn't paranoid. She's being surveilled.

The strange device behavior. The impossible knowledge. The ex who always seems to know exactly where she is and what she's planning. These are not anxiety symptoms. They are textbook indicators of technology-facilitated abuse -- and if no one in the room knows how to recognize them, the evidence disappears before you ever get to court.

Make the Invisible Visible is the field guide family law attorneys have needed for years.

Written by a CISA- and Sandia-trained cyberstalking and digital forensics investigator now exclusively focused on family law, this book gives you the framework to identify, preserve, authenticate, and present digital evidence at the level courts actually require. Not screenshots in a folder. Evidence that survives an authentication challenge, holds up under opposing counsel's scrutiny, and reflects what is actually happening to your client.

Inside this book:

The Four Vectors -- the four patterns of technology-facilitated abuse your clients are describing that sound impossible until you understand the technology behind them. Device compromise. Coordinated campaigns. Financial surveillance. Weaponizing children's access.

Why digital evidence fails in court -- the methodology errors that get evidence thrown out, fabricated evidence admitted, and cases decided on records no one verified.

The subpoena strategy that trips up even experienced attorneys -- the procedural errors, wrong domestication states, and missing attestations that close evidence windows permanently.

The First Five Actions -- what to do before your client leaves the first meeting, every time, in every case with a digital component.

How to build digital forensics into your practice from day one -- so you are never again wishing you had asked these questions sooner.

The stakes are not abstract.

More than half of all female homicide victims in the United States are killed by a current or former intimate partner (CDC). The warning signs are frequently documented in family court -- in threatening messages, in surveillance patterns, in the digital footprint of coercive control -- and missed, minimized, or simply never found because no one knew how to look.

That is a documentation problem. This book solves it.

Make the Invisible Visible is not a technical manual. It is a tactical field guide written for the attorney in the room -- direct, practical, and designed to be used. The appendices are working documents. Pull them out. Use them.

The evidence exists. This book shows you how to find it.

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