How Facebook Can Land You In Jail

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Did you know that Facebook comments can violate a protective court order? Also, as punishment for those Facebook comments, you can then be ordered to post on Facebook daily and you will be thrown in jail if you fail to make those Facebook posts? Wait. What?!?

An Ohio man who made comments about his estranged wife on his Facebook page and was threatened with jail unless he posted daily apologies for a month won't be locked up even though he stopped making amends early.
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Is she famous? Otherwise, is this really a crime? Isn't it just defamation of character? That's a civil matter.:confused:
 
m176023366.png


Your Personal Day of Death is...

Wednesday, April 17, 2013
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^ Not soon enough!
 
While I didn't know about this, I guess I'm not really surprised. I mean if your a douche and end up getting an order of protection against you I could easily see your facebook posts being used against you, especially since it's likely you and your ex have a large number of friends in common on FB.

As for throwning him in jail over not making the post, that's even more clear cut. Basically the judge simple used some creative sentancing to avoid locking this guy up, and the guy agreed to it but then backtracked on it.
 
What a frivolous ruling it was to make the guy apologize to his estranged wife. I agree it interferes w/ his freedom of speech. Unless he threatened her or made blatant defamation, there should be no grounds for her winning that lawsuit in the first place!
 
So it's a crime to say something negative about your wife? What the hell is wrong with them?
 
DarkStar_WNY said:
While I didn't know about this, I guess I'm not really surprised. I mean if your a douche and end up getting an order of protection against you I could easily see your facebook posts being used against you, especially since it's likely you and your ex have a large number of friends in common on FB.

As for throwning him in jail over not making the post, that's even more clear cut. Basically the judge simple used some creative sentancing to avoid locking this guy up, and the guy agreed to it but then backtracked on it.
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You're missing the point, and are misinformed.

That's a poor article, this ones much better.

http://www.fathersandfamilies.org/2012/02/23/judge-threatens-dad-with-jail-for-facebook-posting/

I've been following this for a while now....

The wife was BLOCKED from seeing any of his facebook posts.

The post did not mention his wife by name, he was simply venting his frustrations.

Do you know what a protection order actually says? Here's the Ohio Supreme Court standard version for a TPO.....

http://www.supremecourt.ohio.gov/JCS/domesticViolence/protection_forms/DVForms/10.02A.pdf

Now tell me, is a facebook post, where the "victim" is not mentioned by name, no acts of violence are mentioned.....where the "victim" did not even have permission to view the post....which means her friends or someone told her about it, which she then had to take extra steps to actually view the message herself....she could of ignored it, it was not meant for her or to anyone, it was simply a man venting his frustrations.

Most protection orders specify you cannot "annoy" someone....give me a break people annoy me every day....yet I don't file protection orders against them.

The other issue is the judge WROTE THE APOLOGY FOR HIM. This is taking away his free speech.....he couldn't even apologize in his own words......the whole thing is ridiculous.....and it's mostly the way our court system and "justice" system is designed to put the "victim" with all the power, the "defendant" who is "innocent until proven guilty" gets treated like scum throughout the entire process. The victim gets a "victim's advocate" which is a like a public defender except actually good, while the public defender is useless and you are better off going pro se representation.
:mad: :(
 
What I love is these local news web sites that post news and let people comment on them using their Facebook profiles.
So you get these news stories about HARD-CORE criminals and the Facebook idiot patrol chimes in with their comments. What they aren't thinking about is that the comments show ther name, their appearance (in some cases) in many cases where they work, where they live, etc, etc... So if bad Guy X wants to get your opinion of him face to face when he gets out he is all set!
 
Ashbringer said:
So it's a crime to say something negative about your wife? What the hell is wrong with them?
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It's a crime when you have a protection order, and the wife wants to be petty. If the wife didn't tell the police and court about it it wouldn't of happened.

I'm going through a similar situation unfortunately, so I've been following this very closely....

if he said the "sky is blue" and she didn't like it because it "offended, upset, annoyed, made her uncomfortable"....well she can tell the police and he is in violation.

In domestic violence situations the "victims" word is taken as absolute fact and no actual investigation takes place, the "defendant" gets a warrant issued and arrested......good luck posting bail as it's usually set at 50,000...this is for a misdemeanor charge too, no violence occured. :rolleyes:
 
drdoug99 said:
You're missing the point, and are misinformed.

That's a poor article, this ones much better.

http://www.fathersandfamilies.org/2012/02/23/judge-threatens-dad-with-jail-for-facebook-posting/

I've been following this for a while now....

The wife was BLOCKED from seeing any of his facebook posts.

The post did not mention his wife by name, he was simply venting his frustrations.

Do you know what a protection order actually says? Here's the Ohio Supreme Court standard version for a TPO.....

http://www.supremecourt.ohio.gov/JCS/domesticViolence/protection_forms/DVForms/10.02A.pdf

Now tell me, is a facebook post, where the "victim" is not mentioned by name, no acts of violence are mentioned.....where the "victim" did not even have permission to view the post....which means her friends or someone told her about it, which she then had to take extra steps to actually view the message herself....she could of ignored it, it was not meant for her or to anyone, it was simply a man venting his frustrations.

Most protection orders specify you cannot "annoy" someone....give me a break people annoy me every day....yet I don't file protection orders against them.

The other issue is the judge WROTE THE APOLOGY FOR HIM. This is taking away his free speech.....he couldn't even apologize in his own words......the whole thing is ridiculous.....and it's mostly the way our court system and "justice" system is designed to put the "victim" with all the power, the "defendant" who is "innocent until proven guilty" gets treated like scum throughout the entire process. The victim gets a "victim's advocate" which is a like a public defender except actually good, while the public defender is useless and you are better off going pro se representation.
:mad: :(
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Not saying that overall he is right or wrong in the main case, but in this instance I think the it's safe to say that anyone who knows them knew exactly to what he was refering to with the quote below (from the link you provided.)

In a Nov. 23, 2011, Facebook posting, he blasted the situation and the judicial system he believed wronged him.

“…if you are an evil, vindictive woman who wants to ruin your husbands life and take your son’s father away from him completely – all you need to do is say that you’re scared of your husband or domestic partner…” he wrote on Facebook.
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Are you claiming that to harrass someone online your comments need to not only needs to include their name but also be sent directly to them?

The problem with situations like this is that when things get nasty in a divorce who do you trust? Is she a demon and her an angel or is it the opposite? Most often it's somewhere in the middle.

As for FB and the internet in general, some day maybe people will learn that posting things online, right or wrong, is never going to help you legally so if your involved in a legal dispute it's best to shut the hell up about it.
 
drdoug99 said:
It's a crime when you have a protection order, and the wife wants to be petty. If the wife didn't tell the police and court about it it wouldn't of happened.

I'm going through a similar situation unfortunately, so I've been following this very closely....

if he said the "sky is blue" and she didn't like it because it "offended, upset, annoyed, made her uncomfortable"....well she can tell the police and he is in violation.

In domestic violence situations the "victims" word is taken as absolute fact and no actual investigation takes place, the "defendant" gets a warrant issued and arrested......good luck posting bail as it's usually set at 50,000...this is for a misdemeanor charge too, no violence occured. :rolleyes:
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This video of Bill Maher seems to be more accurate, every day that passes by.

http://www.youtube.com/watch?v=N4iHCfuRWIQ
 
I still don't understand why us guys are still too stupid to marry because when this type of shit goes down we are nothing but sperm donors and ATM machines to the judge.
 
According to the ruling, Byron posted comments on his page in November, saying in part, "If you are an evil, vindictive woman who wants to ruin your husband's life and take your son's father away from him completely — all you need to do is say you're scared of your husband or domestic partner and they'll take him away."
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What if she really is evil and vindictive and makes false claims to get your son taken away? I have a friend IRL who had this happen to him.
 
fattypants said:
What if she really is evil and vindictive and makes false claims to get your son taken away? I have a friend IRL who had this happen to him.
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me too. My buddy had all sorts of "allegations" brought against him that were 100% complete bullshit fabricated by his ex wife.

pretty stupid that the court takes her side and she's full of shit.
 
Rob94hawk said:
I still don't understand why us guys are still too stupid to marry because when this type of shit goes down we are nothing but sperm donors and ATM machines to the judge.
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Common law marriage...cohabitation...acting in good faith under a nonverbal, never expressed contract...

There are a lot of ways around marriage as a limiting factor. It might be easier to simply stay away from social networking sites.
 
Dekoth-E- said:
I am surprised no one has said it...

Cheaper to keep her.
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Any woman this petty and I am not so sure... Either he cheated on her and deserved it or she is a real @!$%^.

Rob94hawk said:
I still don't understand why us guys are still too stupid to marry because when this type of shit goes down we are nothing but sperm donors and ATM machines to the judge.
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The law invented palimony for guys like you. You can't win! ;)
 
SkribbelKat said:
Common law marriage...cohabitation...acting in good faith under a nonverbal, never expressed contract...

There are a lot of ways around marriage as a limiting factor. It might be easier to simply stay away from social networking sites.
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I am not sure why one wouldn't cohabitant. With the power of combining finances as well as the fact that with the supply and demand for certain rental situations driving up prices I would cohabitant in an instant.
 
I hope a rash of people start posting updates with links to the article like:

If you are an evil, vindictive Judge, named Jon Sieve, of Hamilton County Domestic Relations Court, and want to ruin free speech for everyone — all you need to do is force words in our mouths and threaten to send us to jail.
 
DarkStar_WNY said:
While I didn't know about this, I guess I'm not really surprised. I mean if your a douche and end up getting an order of protection against you I could easily see your facebook posts being used against you, especially since it's likely you and your ex have a large number of friends in common on FB.
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Divorce for Women 101 - wife always says she's afraid and files a restraining order against the husband. I would not conclude that the ex-husband is a douche because of it. Restraining orders are easy to get and a nice bargaining chip for the wife to have in the divorce proceedings. The guy may indeed be a total douche, I don't know, but having a restraining order says nothing about his character in a divorce.

Douchebaggery aside, I think the judge was out of line.
 
chockomonkey said:
Unfortunately the only safe answer is: don't get married; don't have kids.
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Yeah...that will show them who's smart.

For the rest of us who aren't paranoid...pick a good woman to mary is the best option. (one that is not a bar fly or a slut).
 
fattypants said:
What if she really is evil and vindictive and makes false claims to get your son taken away? I have a friend IRL who had this happen to him.
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There are plenty of those women out there.
 
BBA said:
Yeah...that will show them who's smart.

For the rest of us who aren't paranoid...pick a good woman to mary is the best option. (one that is not a bar fly or a slut).
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Well obviously that'd be the perfect situation... good luck finding a woman who doesn't do an about-face when she puts the ring on.
 
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