Social Media FAIL! NY Woman faces 1 Year in Jail for Violating Court Order by Tagging her former Sister-in-Law in a Facebook Post that called her “Stupid” ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1
It reads like a bad soap opera but a New York woman named Maria Gonzalez, who is the former sister-in-law to a one Maribel Calderon, having divorced Maribel’s brother, Rafael Calderon, was the subject of a restraining order within which Maria was Court ordered not to have any contact with her former sister-in-law.
Unfortunately for Maria, and in an epic Facebook FAIL!, she now faces a year in jail for calling her former sister-in-law “stupid” on Facebook.
Per reports Maria tried to argue that the Court order “did not specifically prohibit [her] from Facebook communication” with her former sister-in-law but the Westchester County Supreme Court Judge reportedly disagreed, reportedly writing that the order “prohibited the defendant from contacting the protected party by electronic or any other means”.
Memo to the Folks: This case is proof positive that anything and everything that you post online can be used against you. Restraining Orders are common place, and it is common condition of most restraining orders that no contact occur, directly or indirectly, and that definitely includes via social media. It is a good rule of thumb to operate on the principal that the Judge is serious about her / his Orders and that you will get body slammed for willfully – even if ignorantly – violating the same. I urge you to take a moment (actually 1:06) to watch my YouTube Webisode (click below) on “Social Media and the Law”, and then to follow “Haber’s Rules of Social Media #1 – 5”.
THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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#HaberPA has been providing boutique Criminal Defense, DUI, BUI, Domestic Violence, Probation Violation, Seal and Expunge, and Victim Rights Advocacy representation since 1991.
When it comes to "The Four Cs" (i.e. Cops, Criminal Courts and Constitutions) your interests are almost always best served if you choose to "UPx2" (i.e. "Shut-Up" / invoke your 5th Amendment Privilege Against Self-Incrimination and "Lawyer-Up" - invoke your 6th Amendment Right to Counsel) and call #HaberPA, stat!