A Single Facebook Tag Can Violate A Restraining Order, Says US Court

A Single Facebook Tag Can Violate a Restraining Order, Says Court

A New York judge has ruled that tagging someone in a Facebook post -- and the subsequent notification that it generates -- is enough to constitute a violation of a restraining order. The New York Law Journal describes a case in which Maria Gonzalez was not allowed to contact her sister-in-law Maribel Calderon under a protection order. That didn't stop Gonzalez taking to Facebook to tag Calderon in a post which called her "stupid", adding that "you and your family are sad...You guys have to come stronger than that!! I'm way over you guys but I guess not in ya agenda."

Acting Westchester County Supreme Court Justice Susan Capeci ruled that the notification generated by Facebook as a result of the tag represented an infringement of the protection order, which has seen Gonzalez charged with second-degree criminal contempt. That could lead to as much as a year in gaol.

[New York Law Journal via CNET]

Image by dolphfyn / Shutterstock.com



    technically gaol is correct...

      In UK/Australian English perhaps, but this case was in the US.
      If you want to get super Technical, New York State doesn't have Jails - rather Correctional Facilities - http://www.doccs.ny.gov/faclist.html

      In America, gaol/jail is where you go before you're sentenced. Once you've received a sentence, you're sent to prison.

      In Australia, they're both the same thing.

    Fair enough - do not contact means do not contact

    I would like to think that if you disliked someone so much as to get a court order preventing contact that you could at least go to the minimal effort it takes to block someone in Facebook - thus preventing them from seeing your posts as well as any tagging or notification from them.

    That said, it's a solid judgement. BE it text, email, post, sky-writing, Snap Chat, IM, in-app message - whatever, as @thomas said, do not contact -= do not contact.

    Last edited 19/01/16 11:13 am

    This sort of thing happens here in Australia all the time.

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