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Can Online Communication Affect Your Restraining Order?

Posted by Joseph D. Lento | Sep 02, 2022 | 0 Comments

Modern technology allows us to communicate with each other online in a myriad of ways. While this connectivity has upsides, it also provides more opportunities for harassment and bullying. In New Jersey, laws have started catching up with online communication and taking it into account in domestic violence and restraining order cases.

Whether you are seeking protection from online abuse or have been accused of online abuse, it's important to know how the courts view online harassment when considering restraining order cases.

Online Harassment in New Jersey

New Jersey law considers harassment and cyber harassment as domestic violence offenses for those in a qualifying domestic relationship. Someone commits cyber harassment when they communicate in an online capacity via any electronic device or through a social networking site, and they do the following:

  • Threaten to inflict injury or physical harm to a person or the property of a person
  • Knowingly send, post, comment, request, suggest, or propose lewd, indecent, or obscene material with the intention to emotionally harm a reasonable person
  • Threaten to commit a crime against a person or a person's property

If you have a qualifying domestic relationship with someone and they commit one of the above acts of cyber harassment, you can file for a restraining order.

Online Communication With a Temporary Restraining Order

When someone requests a restraining order against someone else in New Jersey, the court grants a temporary order. This temporary order stays in place until a final hearing takes place. At the final hearing, the person who requested the order (the plaintiff) must prove there is a predicate act of violence before the judge can grant a final restraining order.

A restraining order prevents someone from contacting the plaintiff at all, online or otherwise. A violation of this no-contact order can lead to criminal charges. But even posting or communicating with other people online can have negative impacts on a restraining order case. For the accused, posting anything that might indicate a preponderance of violence or domestic abuse can be used against them in the final hearing. For the accuser, it's also important not to publish anything online that could incriminate or weaken their argument against the accused.

The information you share publicly online can be used as evidence by the other side at your restraining order hearing, which could ultimately sway the judge in one direction or another. It doesn't have to be considered online harassment to be used as evidence, either.

Work With an Experienced Family Law Attorney

If you're involved with a restraining order based on cyber harassment, it's vital that you pay close attention to what you share online. Working with a family law attorney who's handled countless restraining order cases in New Jersey is one way to ensure that your online presence doesn't jeopardize your restraining order case. Contact the Lento Law Firm by calling 888-535-3686 with your questions about cyber harassment in restraining order cases.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento is a veteran of one of the nation's busiest family courts with nearly 20 years' experience passionately helping families. By day, he worked in the trenches of family court, and at night, he studied the law. He helped countless families while working at family court, and he went on to become an attorney, dedicating his law practice to continuing the work he started years earlier. Mr. Lento's experience both behind the scenes and on the front lines allows him to understand a client's family law matter from all angles, and allows him to find and employ the most effective strategies to get favorable outcomes for any client. Joseph D. Lento is licensed in New Jersey, Pennsylvania, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings! He does not settle for the easiest outcome, and instead prioritizes his clients' needs and protects their interests.

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Attorney Joseph D. Lento has more than a decade of experience practicing Family Law in New Jersey. If you are having any uncertainties about what the future may hold for you and your family, contact our offices today. Family Law Attorney Joseph Lento will go above and beyond the needs for any client and fight for what is fair.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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