Imagine coming home only to find that the thermostat has been turned up, the security cameras are moving on their own, or the front door’s smart lock has been remotely controlled. Your former partner may no longer live in the house, but somehow, they still have access.
It sounds like something out of a horror film. Unfortunately, for some survivors of domestic violence, technology has created new opportunities for harassment, surveillance and control.
October is Domestic Violence Awareness Month, and as smart home devices become increasingly more common, so does the potential for their misuse. Understanding your rights is imperative, and California Senate Bill 50 has a separate device-access process that can complement remedies available under California domestic violence law.
When Smart Homes Become Tools of Control
A former partner who retains access to connected devices may be able to:
- Monitor activity: Use security cameras or other connected devices to observe when someone enters or leaves the home.
- Manipulate the home environment: Remotely adjust thermostats, lighting, speakers, or connected appliances.
- Interfere with security: Access smart locks, alarms, cameras, or security systems.
- Invade privacy: View or manipulate information collected through connected devices or associated accounts.
- Maintain unwanted control: Use connected technology to intimidate, harass, monitor, or disrupt another person’s daily life.
These actions may occur without any physical contact. In some situations, the person responsible may not even be in the same city or state. What makes this particularly troubling is that technology intended to make a home safer or more convenient can instead leave a survivor feeling watched or unable to control their home environment.
Taking Back Control
Under SB 50, a survivor, or the survivor’s designated representative, may submit a device protection request to an account manager. An account manager generally is the person or entity authorized to make decisions about access to an internet-based or app-based user account. A device protection request may ask the account manager to terminate or disable an identified perpetrator’s access to a connected device or associated user account.
Within two days after receiving a completed request, the account manager must take one of two actions:
- Terminate or disable the identified person’s access and notify the survivor or that access has been denied; or
- Clearly inform the survivor of methods to reset the device to factory settings or another state that removes all account holders, without requiring a PIN, password, or other access credentials
The law defines device access broadly to include the ability to control a connected device remotely, change its characteristics, or view or manipulate data collected through it. Examples include remotely manipulating an audio system, security system, lighting fixture, or other home appliance or fixture.
What Must a Device Protection Request Include?
Protection is not automatic. A complete request must include:
- Specified documentation verifying that the identified person committed or allegedly committed a covered act against the survivor or someone in the survivor’s care;
- Documentation showing the survivor’s exclusive legal possession or control of the connected device;
- Identification of the connected device or devices; and
- Identification of the person whose device or account access should be denied.
Acceptable materials may include certain protective orders, police reports, official records, or a signed affidavit from a qualifying health care, mental health, social work, or victim-services provider.
A criminal conviction is not required. The statute expressly provides that conduct may constitute a covered act without a criminal conviction or other court determination.
Can Smart Home Surveillance Constitute Domestic Violence?
Potentially, depending on the parties’ relationship and the surrounding facts. California domestic violence law is not limited to physical assault. Under Family Code section 6320, a court may issue an order restraining conduct that includes stalking, threatening, harassing, contacting or disturbing the peace of another party.
California law recognizes coercive control as a form of disturbing the peace when it involves a pattern of conduct that, in purpose or effect, unreasonably interferes with another person’s free will and personal liberty.
California courts have also recognized that nonphysical conduct may support a domestic violence restraining order. For example, accessing, reading, or disclosing a former partner’s confidential communications in a manner that destroys that person’s mental or emotional calm may qualify as disturbing the peace. Mental abuse and controlling behavior therefore cannot be disregarded merely because no physical injury occurred.
Accordingly, repeatedly accessing cameras, manipulating connected devices, monitoring a former partner, or using technology to maintain control may be relevant to a request for a domestic violence restraining order. Whether particular conduct qualifies as abuse depends on the evidence and circumstances; not every upsetting or objectionable act is sufficient by itself.
SB 50 Provides an Additional Form of Protection
SB 50 does not replace a domestic violence restraining order or other available legal protections. Instead, it provides an additional way for qualifying survivors to address unwanted access to connected devices and associated accounts.
The bill reflects an important recognition: abuse does not have to happen in person to affect someone’s safety, privacy or independence. As technology continues to evolve, understanding the legal protections available to survivors is increasingly important.
No one should feel unsafe in their own home, whether the threat comes from someone standing at the door or accessing a device from miles away. At Butler Law. PC, we understand that domestic violence and family law matters can involve complex circumstances. If you have questions about your rights or available legal protections, our team is here to help.