
However, simplistic or not, this is still a form of communication – which means that it is very likely enough to violate a restraining order. A Tennessee woman recently learned this lesson the hard way when she was arrested for allegedly violating an order of protection when she sent a Facebook poke.
Of course, the order of protection itself is fairly unambiguous, stipulating “no telephoning, contacting or otherwise communicating with the petitioner.” As cyberstalking is becoming an increasingly prominent problem, not only with respect to strangers but also in domestic violence cases, judges are often quick to remind respondents that this includes electronic communication as well – no texts, no emails, and apparently, no pokes.
In Tennessee, violating an order of protection is a Class A misdemeanor, which means that the maximum jail sentence is 11 months and 29 days; it also carries a possible fine of up to $2,500.
Did the Tennessee woman in question realize that a “poke” would violate the order of protection? Perhaps this case is a reminder that changing technology can quickly affect legal issues; the number of ways that we are “otherwise communicating” with each other seems to increase every day.
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