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When Restraining Orders Cover Social Media Communication

March 3, 2016

Law360
By Lyn Mettler

Does tagging a protected party on Facebook violate a restraining order or order of protection? What about tweeting the individual or mentioning them on Instagram? In December, a judge in New York state said it did, even though social media communication was not explicitly prohibited in the order of protection.

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Trying to toe the line with the restraining order is also a bad idea. “Just like the old saying about how to hit a tennis ball, you’re taking a huge risk when you try to stay just inside the lines,” says Jeremy Mishkin, co-chairman of the litigation department at Montgomery McCracken Walker & Rhoads LLP in Philadelphia.

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