Cell Phone Family Plans and Domestic Violence

Family cell phone plans can be convenient and often save money. But if an account holder commits domestic violence against family members, their shared cell phone plan can turn into a liability. Because of the close relationship between abuser and victim, domestic violence is especially difficult to escape. A bill moving through the California state legislature would give domestic violence victims a tool to help them break free from their abusers.

Domestic Abuse and Cell Phones

Currently, only the primary plan holder can take people off or put people on a family cell phone plan. If the primary account holder is a domestic abuser, this obviously can cause problems. Mobile phones are often essential to domestic violence victims’ everyday lives. They may contain contact information and address books, texting, and access to email and the internet, and provide contact with emergency services and with a support network of family and friends.

When a domestic abuser is the primary account holder for his or her victim’s phone, it often allows the abuser to harass and control the victim. Often, a smartphone will include a GPS that can allow an abuser to track a family member. Abusive account holders may also obtain phone records and monitor calls, and use that information to harass or intimidate their victims. They may also eavesdrop on calls using hidden apps.

The Bill

Assembly Bill 1407 would let a court direct a wireless phone service provider to transfer service in the event of domestic abuse. This would allow domestic abuse victims to remove themselves from their family plans, but to still be able to have consistent phone service. The bill applies to any Domestic Violence Prevention Act proceeding. The court could order the transfer of phone service only after giving notice and holding a hearing.

When service is transferred to the requesting party, this includes the transfer of numbers and devices, contacts, account privacy rights, billing responsibility, apps, etc. Transfers may be made for the requesting party and for any minor children in the requesting party’s care.

When ordered to transfer service, the phone company would still be able to do routine things associated with opening an account. This may include requiring identification, financial information, customer preferences, etc. The requesting party must pay for the phone service after the transfer.

If the phone company could not operationally or technically comply with the court order and transfer service, it would be required to notify the requesting party within 72 hours. If the bill passes, it will go into effect in July of next year.

Domestic violence crimes can have serious consequences. If you have been charged with domestic violence, please contact experienced San Jose criminal defense attorney Wesley Schroeder today for a free initial consultation.

Sources:

http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_1401-1450/ab_1407_cfa_20150526_132732_asm_comm.html

http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB1407