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

Can I Move Away With My Child? Relocation Law in Australia

Relocation cases sit among the most difficult parenting disputes in Australian family law. They usually arise when one parent wants to move with a child, or has already moved, in a way that reduces the other parent’s time or involvement. That move might be to another suburb, another regional town, another state, or overseas. These… Read More »Can I Move Away With My Child? Relocation Law in Australia

Who is a Parent By Stephen Page

The question sounds simple. Who is a parent? In law, it is anything but simple. Biology matters. Birth matters. Intention matters. Paperwork matters. State law matters. Federal law matters. Sometimes they line up neatly. Sometimes they collide in ways that leave families, lawyers and government departments wrestling with very uncomfortable uncertainty. That is especially true… Read More »Who is a Parent By Stephen Page

Posthumous Conception in Victoria: Retrieval, Consent, and the Law

Posthumous conception cases in Victoria sit at the intersection of grief, medicine, and strict statutory rules. They are deeply personal matters, but they are also highly technical. Timing matters. Consent matters. Process matters. And one of the hardest truths for families is that retrieving eggs, sperm, or embryos is often easier than being legally allowed… Read More »Posthumous Conception in Victoria: Retrieval, Consent, and the Law

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