Most people know what a restraining order, but even those who have had one issued to them might not realize what it covers. For example, can a person be convicted of violating a restraining order due to actions they took on social media? The short answer is yes. Keep reading to get the long answer, or contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.
Restraining Orders and Facebook
In today’s world, most people use some type of social media. As a result, the courts have had to make rules regarding what is considered “contact” when it comes to restraining orders. Courts across the country have agreed that interactions on social media can be considered violations of restraining orders. This includes sending messages privately, tagging people in posts, and other online behaviors.
A Case Involving Facebook “Pokes”
Though no longer an option, years ago a person could “poke” a person on Facebook. The court found that this is indeed a type of communication covered by restraining orders. The judge said that poking is a form of communication because it requires the poker to choose a particular person, choose to reach out to them, and press the required buttons. On the other hand, if a group invitation went out to hundreds of people on a person’s friend’s list, and one of those people had a restraining order against them, this might not count as a violation because the individual was not specifically chosen.
A Case Involving Tagging Someone on Facebook
In another case involving Facebook, a person was accused of tagging someone in a photo. The court said that this was also a violation of the restraining order because it is contact. In this case, the person who tagged the alleged victim called them “stupid” and made other negative comments about them. The court was clear that restraining orders require individuals not to contact the protected “by electronic or any other means,” and that includes social media.
Talk to a Criminal Defense Attorney if You Have Been Accused of Violating a Restraining Order
If you are dealing with a restraining order violation accusation, you do not have to simply accept it and move on. You can fight it. You just need the right criminal defense attorney on your side. You have found that person in Law Office of Michael L. Fell.
With decades of experience, Attorney Fell is ready to defend you and find the best possible outcome for your case. Whether that is fighting the accusation, arguing for the best possible plea deal, or something else, you can count on him to have only your best interests in mind. Call now at (949) 585-9055 for your consultation.