Displaying items by tag: divorce

A court order barring a woman from contacting another woman by “electronic or any other means” prohibited the subject from tagging the protected woman in a Facebook post, a New York judge has ruled.

Denying a motion to dismiss a criminal contempt case against Maria Gonzalez, acting Westchester County Supreme Court Justice Susan Capeci said the conduct, if proven, would violate the protective order, the New York Law Journal (sub. req.) reports.

A lawyer for Gonzalez argued that the court order didn’t specifically ban making contact via Facebook.

The ABA Journal

It occurs fairly often in pending divorce situations that “no contact” orders are issued.  It is also common for there to be “no contact” orders in criminal domestic violence cases.  With the many ways that people have contact with one another these days other than face to face contact, such as email and texts that are delivered straight to people’s smartphones, it is easier than ever to violate these orders.  That was illustrated recently in a case reported out of Westchester, New York where a judge has held that “tagging” a person who is the subject of a “no contact” order in a photograph in a Facebook post can violate a “no contact” order.  This was noted in an article posted in an ABA Journal Tech Monthly article recently.  There the judge refused to dismiss a criminal contempt complaint against a defendant due to the tagging of a person in a photograph.

broken heart divorceIf either you or your spouse may be thinking about a divorce, the first thing you should do is consult with an attorney who handles divorce matters in your area.  Too often I meet with people who have talked to friends or family and been given totally wrong information about one or more issues they will face in the event of a divorce.  These sources are great to get advice from in many instances but a possible divorce is not one of them.  Friends and family are very important for both emotional and possibly financial support but don’t rely on them for divorce  advice.

One of the things I enjoy most about my practice is meeting new people and finding out about how I can help them deal with their particular circumstances.  Every person’s situation is unique.  A divorce lawyer can advise you regarding your specific circumstances and tell you what you should be doing as well as things you should not be doing to put yourself in the best possible position to either get the best settlement or prepare yourself for a potential trial.  This is even more important for people who may not be familiar with the particular facts surrounding their finances or how much income they have.  There might be things like specific expenses for children or other reasons to cause you to want to go ahead and file, wait to file or not file at all.  If you think you might have to deal with a divorce, go see a lawyer and find out what issues are going to be important in your situation as soon as you can.  Without a doubt dealing with a potential divorce is stressful enough.  Don’t compound your anxiety by not getting real answers to your questions from a lawyer who knows how to answer them.

Published in Divorce

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