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

Surrogacy in Kyrgyzstan: The New Frontier or a Legal Minefield?

Surrogacy in Kyrgyzstan is suddenly attracting attention, particularly among intended parents looking for countries that appear more open than the usual destinations. On paper, the change is striking. In 2024, Kyrgyzstan introduced laws allowing surrogacy and, unlike some neighbouring former Soviet states, it appears to permit a much broader group of intended parents to access… Read More »Surrogacy in Kyrgyzstan: The New Frontier or a Legal Minefield?

The End of International Surrogacy in Kenya? What Australians Need to Know

Surrogacy in Kenya has long sat in an uneasy space. It has been available, it has been used by some foreign intended parents, and yet it has operated in a legal environment that is largely unregulated. For Australians, that combination should always have rung alarm bells. The numbers alone tell part of the story. Very… Read More »The End of International Surrogacy in Kenya? What Australians Need to Know

Parental Child Abduction: What to Do if Your Child is Not Returned

International child abduction is one of the most distressing situations a parent can face. It often begins suddenly. A child is taken overseas without permission, or a parent agrees to overseas travel and then discovers the child is not being brought back. What sounds like a private family dispute can quickly become a complicated international… Read More »Parental Child Abduction: What to Do if Your Child is Not Returned

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