Is Social Media Cover in a Restraining Order
Does Following or Liking Your Ex on Social Media Violate the Restraining Lodge?
Restraining orders are court-issued orders designed to protect a victim of harassment, domestic violence, physical abuse, or stalking from another person. A restraining or protective club requires the restrained person to stay away from the protected person – who is often their former wife or husband following a divorce – and prohibits them from making contact with the victim.
But what happens if the restrained person follows, likes, or sends a private message to the protected person? Does it hateful that he or she violated the restraining club?
Can Yous Violate a Restraining Guild Through Social Media Activity?
In Florida, violating a restraining lodge could event in criminal penalties ranging from large fines to jail time. A "no contact" restraining order prevents the restrained person from making any contact with the protected person, including phone calls, in-person contact, emails, and text messages.
Only what about likes and follows on Instagram, Facebook, Twitter, LinkedIn, or another social media platform? Time and fourth dimension again, U.S. courts take held that interactions on social media networks can violate the terms of a restraining order.
Previous court decisions indicate that sending private messages to the protected individual can establish a restraining order violation. The same can be said about poking, tagging, mentioning, liking, or following the victim.
Courtroom Cases Involving Restraining Order Violations Through Social Media
We take prepared a roundup of courtroom cases involving social media restraining society violations from all across the U.s..
- In 2009, a Tennessee woman was arrested for a Facebook "poke." According to ABC News, the poke violated a restraining order issued against her by another woman. The court ruled that sending the digital poke to the protected person amounted to a method of communication.
- In 2015, a human being who attacked his ex-girlfriend, choked her and dragged her by the hair, violated a restraining social club by trying to follow the abused victim on Instagram. He attempted to follow his former girlfriend just four months after a judge issued the order of protection, co-ordinate to Newsweek. The follow led to criminal charges.
- In 2015, a Pennsylvania human being who had a restraining guild for stalking a woman got in trouble with the law after he liked the woman'southward photos on Facebook. According to the Times Leader, the man was charged with violating the guild.
- In 2016, a adult female violated a restraining guild by tagging her sis-in-police force on Facebook. Specifically, the notification that was sent to the protected individual constituted a violation. According to Slate, the woman tagged her sister-in-police force in a Facebook postal service, in which she called her "stupid" and fabricated other unpleasant comments.
Laws are beginning to grab up with modern technology, which is why social media activity that involves communicating with the protected person could be considered a restraining guild violation, especially if the order prohibits the restrained person from contacting the victim through whatsoever means, including electronically.
Talk to a knowledgeable Orlando divorce chaser if you are being accused of a restraining order violation in Florida after "contacting" the protected individual through social media. Consult with our lawyers at Law Offices of Steve West. Marsee to discuss your options. Call at 407-521-7171 today.
Resource:
slate.com/engineering science/2016/01/new-york-judge-says-facebook-tags-can-violate-protection-orders.html
newsweek.com/restraining-club-instagram-violation-follow-ex-girlfriend-457676
timesleader.com/news/local/377069/estimate-finds-jenkins-township-homo-in-antipathy-of-court-for-liking-ex-girlfriends-facebook-photos
abcnews.go.com/Engineering science/AheadoftheCurve/tennessee-woman-arrested-facebook-poke/story?id=8807685
https://world wide web.marseelaw.com/can-your-retirement-funds-exist-used-to-satisfy-kid-support-or-alimony-obligations/
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