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

Parenting plans vs consent orders explained

When parents separate, one of the most important questions is how arrangements for children will be recorded. Will the agreement be kept flexible through a parenting plan, or formalised in legally binding consent orders? There is no single answer that suits every family. The right option depends on the level of trust between parents, the… Read More »Parenting plans vs consent orders explained

Sperm donor family limit in Queensland explained

Queensland’s new sperm donor family limit was intended to create clarity, consistency and better access to donor sperm. Instead, guidance issued to IVF clinics has produced a result that appears to halve donor access for many lesbian couples. The legislation provides for a 10-family limit. Yet where two women are in a couple and seek… Read More »Sperm donor family limit in Queensland explained

NSW fertility inquiry: surrogacy evidence under scrutiny

The New South Wales Legislative Council fertility inquiry is examining difficult and practical questions about access to assisted reproductive treatment. Distance matters. Cost matters. Regulation matters. For many people trying to create a family, these are not abstract policy concerns. They can determine whether treatment is available at all. Among the issues before the inquiry… Read More »NSW fertility inquiry: surrogacy evidence under scrutiny

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