For good or for bad, and in all areas of life, social media and the use of Facebook,
Twitter, Instragam and other platforms is here to stay. While, it is nice to keep family in the
loop, see your kids growing up, and other positive things, social media in general is utilized as a
weapon in many settings and divorce and domestic violence situations are no different. For
many people social media platforms have become the “norm” as far as “communicating” so it is
certainly no surprise that these platforms are used to communicate about private matters
including information about your ex-spouse. The resulting impact from social media is the need
for validation from third parties, many of which we barely even know, and yet people are very
quick to air it all out there to gain support from strangers while ruining other people, including
their spouses and even invading the privacy their children deserve to live with. People appear to
believe that they have the right to say whatever they want about whomever they want on these
“public” forums, however, that is simply not the case as many things are legal to do in most
aspects but not when taking them to far. Certainly not when they are used as a smear campaign
that can have really drastic effects on the victim involved.

Cyber Harassment and Cyber Stalking can occur in many situations but in the realm of
domestic violence it involves one party targeting the other party. Because these avenues of
abuse are relatively new so to speak, the courts and our laws have some catching up to do to
protect victims from what at times is the worse form of abuse out there. There are simply so
many forms of written communication now primarily relied upon vs. direct communication, we
are continue to develop the case law to protect victims from what can be life altering damage.
Destroying someone’s image on social media, engaging other people to join in the fight, posting
private video’s designed to humiliate and harass, and many more examples, are not protected
speech and certainly can result in not only a Restraining Order but criminal charges.
A few examples or acts that can lead to a criminal charge or restraining order are as
follows:

1. Threatening Statements Made in Social Media Posts: Free speech is not permission to
post threatening content about another person on a public forum or at all. Example: A
Post or blog accusing your spouse of sexual abuse and welcoming people to join or
encouraging people to take matters into their own hands.
2. Nude or Inappropriate Photos: When this occurs it is generally done to humiliate or
embarrass the party involved and accordingly this could not only lead to a Restraining
Order being entered, there is the possibility of the more serious charge of what is known
as “revenge porn”.
3. Using Social Media Platforms to Send Threatening or Harassing Messages: Does
not matter what form of communication you are using, sending repeated messages or
threatening messages designed or with the intent to harass them is just that- harassment.
4. False Accusations Made Against Another: It is impermissible to use social media or
place in writing false accusations against another, especially by naming them, showing
their picture or their contact information. These types of posts are not only harassing and
with the intent to harass, they may result in other damage such as someone losing their
job, losing friends and their support system, or being targeted by third parties which
places them at a physical risk for their safety.

If you believe you are the victim of cyber-stalking or cyber-harassment, or if you are
wrongfully accused of these actions, it is advisable to seek legal counsel as soon as possible
to protect yourself and your reputation as quickly as possible. Kelli M. Martone, Esq. is
equipped and experienced in handling these matters and other matters involving domestic
violence. Contact Kelli at (856) 617-6700 to schedule a consultation.