Digital evidence is necessary in domestic violence proceedings. Materials like text messages, voicemails, photos, and videos can document threatening behavior, violations of restraining orders, or patterns of abuse. They can also exonerate those who have been falsely accused of it.
But today’s artificial intelligence tools are making an already-complicated situation even more so.
It’s now increasingly possible to generate fake evidence, evidence that is so convincing that even professionals may struggle to tell it apart. And for domestic violence cases, where evidence helps individuals protect themselves, this poses serious concerns.
The rise of AI-generated evidence in NJ domestic violence proceedings
AI technology doesn’t require expensive software or sophisticated computer skills to use, which means that it’s easy for people to take advantage of. This accessibility has significant implications for legal proceedings.
While comprehensive data on AI-generated evidence specifically in domestic violence cases is limited, attorneys are reporting increasing encounters with suspected manipulated evidence, with a “tsunami of deepfake evidence” entering courtrooms.
Domestic violence situations are increasingly seeing AI-generated evidence. One study showed that technology-facilitated abuse occurs in over 97% of gender-based violence cases, and abusers are adopting new digital tools to extend their control and harassment capabilities.
Let’s look at what this can look like in reality for domestic violence cases.
Common types of AI-generated evidence in domestic violence trials
AI technology is rapidly developing and improving, making it challenging to predict how its use will evolve. However, several types of AI content are appearing in domestic violence proceedings. These include:
- Text-based communications, such as messages, emails, and social media posts. With AI, these communications can replicate someone’s writing style, including grammar patterns, emoji usage, and typical phrases.
- Audio recordings created through voice cloning technology can generate convincing replicas of a person’s voice using just minutes of sample audio. This includes phone calls, voicemails, or recorded conversations that never actually occurred.
- Photographs and videos can be manipulated to add or remove visual elements, place people in different locations, or create images of events that never happened. This includes everything from altered injury photos to fabricated surveillance footage.
- Financial and medical documents represent another category where AI can create convincing forgeries. Bank statements, income records, medical reports, drug test results, or other official documentation relevant to custody or support decisions can be pieced together from previous documents.
Legal and technical challenges of AI evidence in court
Authentication, admissibility, and forensic expertise have long been integral to the handling of evidence in the courtroom. Yet the standards and tools needed to do this are now very different, given that AI evidence is circulating in cases.
Impact on evidence admissibility under New Jersey law
Before evidence can be presented in court, the party offering it must establish its authenticity. Under New Jersey Rule of Evidence 901, you must provide sufficient proof that the evidence is what you claim it to be.
AI technology has fundamentally complicated this process. Now, an audio recording that perfectly matches someone’s voice patterns might be entirely synthetic, or a text message containing realistic metadata and formatting might have been generated by software.
Legal professionals are actively debating how courts should address this challenge. Some propose new procedural requirements for technical analysis. Others suggest enhanced evidentiary standards should be in place before digital content can be admitted.
Yet, as of this writing, there isn’t a consensus—or legal standards—on how to address the AI question, which means attorneys, courts, and individuals involved in cases are devising an answer as they go.
Authenticating AI-generated content
Actually proving that evidence is real has become much more complicated. Digital forensics experts have to look at details like:
- File compression
- Patterns in images
- Sound waves in audio recordings
- Other factors that might reveal AI creation or manipulation
What’s more, the nature and pace of domestic violence cases can make this even harder.
Meeting court deadlines
Other areas of family law might allow for weeks or months to have an expert examine questionable evidence. But domestic violence cases—particularly when they involve restraining order hearings—can move quickly.
In New Jersey, temporary restraining orders are issued immediately, but final restraining order hearings generally must take place within 10 days. You also don’t have the right to discovery in domestic violence trials, so often, the evidence is being introduced at the time of the hearing. This timeline leaves little to no opportunity for the detailed forensic analysis needed to authenticate or challenge digital evidence. If suspicious evidence surfaces during the hearing, it may be necessary to request an adjournment, which can delay protection for victims or prolong restrictions for those facing false accusations.
Accessibility of services
Another issue is cost. Using the services of a qualified digital forensics expert can be expensive. This means that someone with more financial means might be able to prove their evidence is genuine or challenge fake evidence against them, while someone with fewer resources may not be able to do so.
And in domestic violence cases, where financial control and access to resources can be an issue, this financial disparity could have lasting impacts.
The role of forensic experts and the need for evolving legal standards
Forensic expert testimony must meet strict standards, and, what’s more, their methods have to be proven reliable and widely accepted by their peers.
But AI detection can create problems for these standards. The technology changes so quickly that what worked to detect fakes six months ago might not work today. This makes it hard to prove a detection method is “widely accepted” when the technology is constantly evolving.
Accuracy is also a problem. Current AI detection tools can catch some fakes but miss others. Unlike DNA analysis or fingerprinting, which have established protocols spanning decades, AI detection methods vary significantly between different experts and tools.
This puts the courts in a challenging position: How do you decide whether to allow expert testimony when the experts themselves might disagree, and when the detection methods are still being developed?
Practical tips for dealing with AI evidence
The potential presence of AI evidence in a domestic violence case can be intimidating, but your attorney can help guide you in how to protect your rights during this difficult time. Here are a few things to keep in mind, whether you have experienced domestic violence or have been falsely accused of it.
For victims and their advocates
First and foremost, remember that just because evidence can be fabricated doesn’t change the importance of documenting genuine incidents of abuse.
When presenting evidence, provide as much context and detail as possible. For example, full conversation threads can be harder to fabricate convincingly than isolated messages. Include timestamps, platform interface elements, and any other details that would be difficult to reproduce synthetically.
For those accused of domestic violence
The existence of AI-generated evidence doesn’t provide a blanket defense against legitimate claims.
However, if you genuinely believe evidence has been fabricated, request a technical analysis early in the proceedings. Document your whereabouts, communications, and activities that can provide alternative evidence about what actually occurred.
Seek guidance from an experienced domestic violence lawyer
If you’re involved in a domestic violence proceeding and have concerns about digital evidence—whether you’re presenting it or challenging it—working with an attorney who understands these emerging issues can be crucial for protecting your safety and legal interests.
Contact our team to coordinate your strategy planning session and learn how we can assist you in navigating the complex issues in your domestic violence case.
