What Counts as a Breach of a Cyberstalking Injunction in Fort Myers?

Cyberstalking injunctions in Fort Myers are becoming increasingly common. Today, many people communicate almost entirely in the digital world, and this is especially applicable to the younger generations. As a result, courts may use cyberstalking injunctions to prevent you from coming into contact with the petitioner in the digital world. But what “counts” as a breach in this scenario? When might you experience legal consequences for contacting the petitioner digitally?

Each Injunction Is Different

If you’re concerned that you might breach your cyberstalking injunction, you should refer to the specific wording of the court order. Each injunction is slightly different, and the judge can essentially create whatever rules seem appropriate based on each situation. If you’re not familiar with the rules for your specific injunction, it is all too easy to accidentally breach it.

Cyberstalking Injunctions Generally Prohibit Intentional Digital Contact

While each injunction might be slightly different, the general rules are often the same. These injunctions prohibit you from coming into contact with the petitioner (the person allegedly being stalked) within the digital world. If you intentionally come into contact with or contact the petitioner in the digital world, the court will likely see this as a violation.

Perhaps the most obvious example is sending your ex a direct message on a social media platform. This is a breach because you are intentionally contacting your ex. Another breach might be commenting on a post your ex made on social media. Although this isn’t the same as a direct message, it still “counts” as contact in the eyes of the court.

Even tagging your ex in one of your posts could potentially constitute a violation. This is because when you tag the petitioner, they typically receive some kind of notification. Another example of a violation might be creating a fake social media account, impersonating someone else, and then contacting your ex in various ways. This still counts as a violation, even if you are not using your personal profile.

Many young people today play video games online. You could potentially violate an injunction order by visiting a game or lobby that your ex is part of, even if you’re simply playing the game alongside them without using your mic or any other form of communication.

Accidental Digital Contact Should Not Lead to Legal Consequences

With all that said, you should not experience legal consequences for accidentally coming into digital contact with your ex. For example, someone else might tag you in a post that also involves your ex. Since you did not do the “tagging” in this scenario, you cannot be responsible for the resulting online connection between you and the petitioner. The same logic applies to coincidentally visiting the same online spaces with no planning or coordination beforehand.

Can a Cyberstalking Defense Attorney in Fort Myers?

If you’re having issues with a cyberstalking injunction in Fort Myers, consider speaking with an experienced defense attorney. The court might see various actions as potential breaches of injunctions, although you shouldn’t experience negative consequences for accidentally coming into contact with the petitioner. Speak with the Fort Myers criminal lawyers at The Foley & Wilson Law Firm for further guidance.

Source: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0784/Sections/0784.0487.html