Restraining orders: When is use of social media platforms a violation?
Social media and the internet have eased the ability to stay connected with family and friends, but they also present unique challenges, especially when it comes to navigating the requirements of restraining orders. It is important for those who are the subject of such orders in Massachusetts to understand how online behavior can result in allegations of a violation of the restraining order and potentially lead to criminal charges.
When does social media use violate a restraining order?
The exact answer will depend on the details of the situation, but in most cases a restraining order forbids contact, including:
- Direct messaging: Sending messages through social media platforms like Facebook, Instagram, or Twitter directly to the protected individual.
- Indirect contact: Using mutual friends or acquaintances to relay messages or comments.
- Monitoring activity: Regularly checking the protected individual’s social media profiles or online activity to gather information.
- Posting content: Sharing posts or comments that reference or target the protected individual, even without direct contact.
These actions, even if seemingly harmless, can lead to severe legal repercussions.
What are the potential penalties for violating a restraining order?
Massachusetts law imposes strict penalties for violating restraining orders, including when the violation is the result of contact through social media platforms. The first thing to know is that violating a restraining order is a criminal offense. If convicted, the accused can face arrest and prosecution. This can lead to fines and imprisonment. It is also possible that courts will extend or modify the existing restraining order, imposing stricter conditions.
It is also important to know that allegations of a violation can come with other charges. This was highlighted in the precedential case Commonwealth v. Walters, 472 Mass. 680, 37 N.E.3d 980 (2015). In this case, authorities stated Walters’ Facebook profile page, which included a picture of him with a gun and a quote stating “Make no mistake of my will to succeed in brining you two idiots to justice” was a violation of his restraining order and also rose to additional criminal charges including stalking. The addition of charges in this manner is not uncommon.
How does Massachusetts law define stalking?
A person is guilty of stalking if they:
- Willfully and maliciously engage in a pattern of behavior or series of acts over time that targets a specific individual, causing serious alarm or annoyance, and would lead a reasonable person to experience significant emotional distress.
- Make a threat intending to instill imminent fear of death or bodily harm in the targeted person.
The law covers conduct, acts, or threats made through various means, including mail, telephone, and electronic communication devices. This includes emails, internet communications, instant messages, and faxes. This is just one of many additional criminal charges that those who are accused of violating a restraining order could face.
Ultimately, in the case noted above, the court decided the profile page was too vague to fulfill the requirements for a stalking charge. Regardless, the case serves as a reminder that those who are the subject of a restraining order are wise to avoid direct or indirect contact of the protected individual, including using social media and the internet. This reduces the risk of allegations of a violation of the order as well as other potential criminal charges. If accused of a violation, it is important to take the matter seriously. It is imperative to build a defense to the allegations tailored to your case to help reduce the risk of criminal charges.
