CONTACTING VICTIM THROUGH MYSPACE VIOLATES FAMILY COURT ORDER OF PROTECTION

A New York judge recently ruled that using MySpace to contact a person covered by a Family Court order of protection is a violation of the order. In People v. Fernino, Judge Matthew A. Sclarrino, Jr., of the Richmond Criminal Court denied a defense motion to dismiss an accusatory instrument, finding that:

In this case, the defendant used MySpace as a conduit for communication prohibited by the temporary order of protection issued  by the Family Court.

The interesting aspect of the decision is that the Court noted that the contact was by means of a ‘friend request’ which the defendant sent to the victim.   The Court observed that even though the victim had the option to refuse the ‘friend request’ and not have any contact with the defendant , the mere fact that the request was sent at all constitutes a violation of the ‘no contact’ provisions of the order of protection. Unfortunately, the Court’s opinion did not reveal whether the victim accepted or rejected the ‘friend request.’

This decision is yet another example of the way in which family law practice is being affected and shaped by the internet.