Using Facebook can breach no contact orders

Using Facebook can breach no contact orders

It is common when domestic violence orders are made that an order that can be made is for the respondent not to have any contact with the aggrieved.

Some Magistrates used to copy the Bail Act provisions when they made these:

No contact, direct or indirect, whether personal or otherwise

;

while more recntly clauses have said: “no contact, including by phone or electronic means”.

Well two men, one in the US and one in the UK have been punished for breaching no contact clauses by using Facebook.

In the UK case, the exhusband, who had engaged in a series of harassing emails and texts went to join Facebook. Whether deliberately or not, he allowed Facebook to request his ex-wife to be a friend. Result? A breach and 10 days jail.

In the US case, People v. Fernino 851 N.Y.S.2d 339 (N.Y.C. Crim.Ct., 2008), a protection order had been made against Melissa Fernino,which included: “Respondent shall have NO CONTACT with Sandra Delgrosso.”

Melissa Fernino then made friend requests on Facebook to Sandra Delgrosso and her two daughters.

The court found that the friend request was a breach. While it was true that a person can deny the request to become friends, that request was still a contact, which violated the no contact requirement of the protection order.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

My Surrogacy Reform Wish List for Australia

Australia’s surrogacy framework is fragmented, outdated and producing avoidable harm for intended parents, surrogates and, most importantly, children. A clearer, fairer and nationally consistent approach to surrogacy law reform would reduce cost, stress and legal uncertainty while better protecting human rights and minimising exploitation. Below is a practical wish list for reform that focuses on… Read More »My Surrogacy Reform Wish List for Australia

Harmful proceedings orders

A change that was made to the Family Law Act 1975 in 2024 was to allow the Federal Circuit and Family Court of Australia and the Family Court of Western Australia to make a harmful proceedings order. This is to stop the never ending cycle of abusive court proceedings, which often stretch on for a decade, and… Read More »Harmful proceedings orders

Practical Family Law Drafting: Stephen Page’s Legalwise Intensive Paper

Stephen Page, Director at Page Provan Family and Fertility Lawyers, presented at the Legalwise Practical Family Law Drafting Intensive on 25 February 2026, delivering expert guidance on drafting interim property and maintenance applications. As Australia’s leading surrogacy lawyer and an Accredited Family Law Specialist since 1996, Stephen brings decades of frontline experience to family law… Read More »Practical Family Law Drafting: Stephen Page’s Legalwise Intensive Paper

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board