Picture a custody hearing where one parent plays a voicemail of the other making violent threats. The voice sounds real. The background noise matches the family home. It feels damning—until an expert reveals the entire recording was generated by artificial intelligence. No such call ever happened.
AI-generated content—also called synthetic media—is now entering courtrooms across the country, forcing judges to grapple with questions of authenticity and reliability of digital evidence. The rise of AI in court cases represents one of the most significant shifts in legal proceedings since the digital revolution.
This blog breaks down how AI-generated evidence is reshaping family law, what California courts are doing about it, and how to protect yourself from its misuse.
AI Evidence: Acknowledged vs. Unacknowledged
AI evidence falls into two distinct categories:
- Acknowledged AI Evidence: This includes digital materials where the use of AI tools is disclosed. For instance, a legal brief drafted with AI assistance or a financial report analyzed using machine learning tools.
- Unacknowledged AI Evidence: This is where the danger lies. Parties submit AI-generated or AI-altered content—videos, audio, documents—without revealing its origin. This may include doctored voicemails, synthetic videos, or manipulated screenshots.
How AI Can and Is Being Misused in Court Cases Today
AI tools are now capable of creating incredibly realistic forgeries—media so convincing that judges, attorneys, and even forensic experts can be fooled without a detailed analysis.
Deepfake Videos and Audio
In some family law cases, parties have submitted doctored videos and audio that appear to show threats, abuse, or violations of court orders. Using AI tools, a person’s voice or face can be manipulated to say or do things they never actually did—sometimes layered over real settings, like a child’s bedroom.
Forged Financial Documents
AI tools can generate fake bank statements, income declarations, or even open accounts using fraudulent identities. These forgeries often include real-world fonts, logos, photographs, and formats, which might fool initial reviews and skew support or asset allocation.
Synthetic Screenshots and Chat Logs
Advanced tools can fabricate text threads, complete with realistic timestamps, user icons, and message content. These forged chats may be used to suggest wrongdoing like infidelity, threats, or even drug use, when none occurred.
AI-Written Affidavits or Reports
Text-generation tools can be used to produce fabricated psychiatric or medical evaluations, including diagnoses not supported by real experts, and injury claims used to bolster claims of domestic or parental misconduct.
AI-Written Legal Filings and Citations
Even attorneys have misstepped. In Mata v. Avianca, Inc. (S.D.N.Y. 2023), lawyers used AI to prepare a court filing, only for the legal brief to include citations to nonexistent cases, hallucinated by AI. The attorneys were sanctioned by the court for submitting false citations.
The Liar’s Dividend: When AI Existence Undermines Truth
Perhaps the most dangerous impact of AI in court isn’t the fake evidence; it’s how AI lets people discredit real proof.
Scholars refer to this phenomenon as the liar’s dividend: the strategic benefit someone gains by falsely claiming that authentic evidence is fake.
It works in two ways:
- It creates doubt: Even solid evidence can now be called into question. A voicemail or photo can be dismissed as “just AI.”
- It gives cover: People caught doing something wrong can simply say, “That’s a deepfake.”
This tactic forces courts to question everything, even when there’s no actual manipulation. That can delay cases, raise legal costs, and pressure parties into unfair settlements.
In a 2023 federal lawsuit (Karp v. Tesla), Tesla’s lawyers argued that video evidence of Elon Musk’s statements should be treated with caution due to the existence of deepfake technology. They did not claim the videos were deepfakes, but raised the possibility that such technology could cast doubt on the authenticity of digital evidence.
The Legal Framework: Admissibility of AI-Generated Evidence
Family courts aren’t standing still. Both state and federal systems are beginning to confront the challenges AI use in the courts poses.
California Judicial Council: Task Force on AI
In May 2024, the California Judicial Council launched a formal Artificial Intelligence Task Force. Their goal? To ensure courts can responsibly and fairly handle AI-generated content.
Key initiatives include:
Model Policy for Generative AI (2025 Preview):
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- Requires human oversight of AI-generated court filings.
- Prohibits entering confidential client or case data into public AI tools.
- Demands disclosure when AI is used in preparing evidence or legal documents.
- Encourages training court staff to spot and manage AI-manipulated content.
These policies are designed to prevent manipulated or unverified content from slipping into proceedings while maintaining fair access to AI tools for those using them responsibly.
National Center for State Courts (NCSC): AI Guidance
The National Center for State Courts (NCSC) hasn’t formed a formal task force, but it plays a key role by offering guidance for AI use in the courts nationwide.
They provide practical toolkits, ethical frameworks, and policy recommendations to help judges and court staff use AI responsibly. Their programs support courts in identifying AI-generated evidence, addressing bias, and ensuring transparency as technology becomes more common in legal proceedings.
The NO FAKES Act (Federal Legislation)
At the federal level, Congress is weighing the NO FAKES Act, a bipartisan bill that would:
- Give individuals the right to sue the creators of unauthorized AI deepfakes.
- Require platforms to remove synthetic content used to deceive, harass, or defame.
- Include exceptions for satire and political speech to protect First Amendment rights.
If enacted, it could offer additional protection for litigants whose voices or likenesses are misused in family law cases.
How to Spot AI-Generated Evidence in Court
Detecting AI-generated content often requires trained expertise, but certain patterns can help you recognize when evidence may not be authentic.
- Video Evidence: Synthetic video often includes lip-sync mismatches, robotic tones, mismatched emotional delivery, or strange rhythm that doesn’t match how someone typically speaks.
- Audio Recordings: Cloned voices may carry an unnatural cadence, emotional tone mismatches, or minor digital artifacts—like metallic ringing or robotic inflections—that betray their artificial origins.
- Financial Documents: Fake bank records may contain formatting flaws, math errors, or transactions posted on holidays. Look for language that feels unfamiliar to the institution’s norms.
- Text Messages & Chats: Fraudulent chats may occur at unusual hours or use language inconsistent with previous communication. Device metadata may also show that the messages never occurred.
- Emails: Suspicious emails may lack full headers, have inconsistent time zones, or come from addresses that don’t match known domains.
If something feels off, don’t wait. Delays can erase metadata, limit forensic options, and weaken your legal position.
Protecting Your Case: Strategies for the AI Era
With falsified messages, videos, and documents showing up in more family law cases, it’s not enough to have the truth—you have to protect it. Here’s how to safeguard your digital evidence and credibility in court:
1. Save Originals—Not Just Screenshots
Keep unedited versions of texts, images, audio, and video files, including timestamps and metadata. Avoid exporting to formats that strip that data (like PDFs or cropped images). Metadata proves when and how a file was created. Without it, even accurate evidence can be called into question or dismissed as unreliable.
2. Avoid Editing or Compressing Media
Don’t crop, trim, filter, or compress videos, images, or messages before sharing with your attorney. Share the full, raw file instead. Edited files can lose credibility.
3. Use Trusted Tools with Built-In Logs
Rely on court-accepted co-parenting apps like Talking Parents or OurFamilyWizard, which automatically log and timestamp interactions. These tools reduce disputes over what was said and when and create audit-ready records.
4. Keep a Chain of Custody
Chain of custody documentation must account for every person who accessed digital evidence and every device used in its creation, storage, or transmission. Courts need clear records showing that evidence remained unaltered from capture through presentation.
5. Involve a Forensics Expert Early
If your case relies on a voicemail, video, or document that may be challenged, ask your attorney to consult a digital forensics expert before court. Waiting too long could delay proceedings or damage your case. Proactive review can confirm legitimacy or expose a fake.
Related: 8 Ways Forensic Accountants Can Protect You in Divorce Cases
6. Watch for Red Flags
Be alert to signs of AI tampering, like unusually clear audio, unnatural pauses, or lip-syncing that doesn’t match speech. Selecting detection technology requires an understanding of current capabilities and limitations. Stay informed about emerging detection technologies while acknowledging their ongoing evolution.
7. Don’t Overlook Children’s Digital Privacy
Before using apps or devices that collect your child’s data, like AI tutors, voice assistants, or fitness trackers, consider the following: Understand what information is being stored, how it’s used, and whether it can be accessed by third parties.
8. Speak Up Early if Something Feels Wrong
If you suspect evidence has been faked, tell your attorney as soon as possible. Early action allows time to investigate, respond appropriately, and avoid surprises during a hearing.
9. Be Careful with Smart Devices
Talk to your attorney before using GPS trackers, doorbell cameras, baby monitors, or any surveillance tech to collect evidence. Even if your intent is to protect yourself or your child, using these tools without consent could violate privacy laws or custody orders, and that can hurt your case more than help it.
Working With Tech-Savvy Legal Representation
As AI-generated evidence becomes common in family court, it’s crucial to collaborate with attorneys who understand how to recognize, challenge, and verify digital evidence.
Whether it’s a custody dispute involving doctored voicemails, a divorce case with forged bank records, or a restraining order hearing influenced by fake messages or deepfake videos, early detection can make or break the outcome.
Our team stays current with emerging AI tools, works closely with forensic experts, and knows how to present complex evidence clearly and persuasively in court. If something in your case feels off—messages out of character, documents that seem too perfect, or audio that sounds suspicious—don’t wait.
Call 310-820-3500 to schedule a free case evaluation.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every family law case is unique, and outcomes depend on individual circumstances. Legal representation with Provinziano & Associates is established only through a signed agreement.
For personalized advice, please contact our team at 310-820-3500 to schedule a case evaluation.
