An American woman is facing a year in jail for tagging and calling her former sister-in-law “stupid” in a Facebook post after she was prohibited from contacting her ex-husband’s family by a court order.
New York-based Maria Gonzalez, who was banned from contacting Maribel Calderon after her divorce from Maribel’s brother Rafael Calderon, is charged with second-degree criminal contempt for the alleged post.
Ms. Gonzalez is accused of calling Ms. Calderon “stupid” in the post and saying, “You and your family are sad.. You guys have to come stronger than that!! I’m way over you guys but I guess not in ya agenda.”
Ms. Gonzalez tried to argue that the protection order “did not specifically prohibit [her] from Facebook communication” with Ms. Calderon.
You are not supposed to do that: court
Westchester County Supreme Court Justice Susan Capeci disagreed, saying, “The order of protection prohibited the defendant from contacting the protected party by electronic or any other means,” New York Post reported.
“The allegations that she contacted the victim by tagging her in a Facebook posting which the victim was notified of is thus sufficient for pleading purposes to establish a violation of the order of protection,” the judge ordered.
And, so the adage goes
Manhattan matrimonial attorney Michael Stutman, who isn’t part of the case, said the ruling proves his client adage, “Everything you post anywhere can possibly be used against you.”
Ms. Gonzalez’s attorney Kim Frohlinger said she would not appeal the ruling.
