In a recent unpublished domestic violence appeal, the defendant posted on Pinterest over the course of several months various posts about himself and the plaintiff. He posted about their relationship and his affection toward her. None of the posts were violent or threatening. None of the posts were directed toward her. Rather, the posts (from the description in the case) seem to be self-declarations about the defendant’s remorse over the loss of the relationship and his feelings.
Plaintiff obtained a temporary restraining order after learning about these posts from friends. She testified that this caused her distress and that it was harassment. The trial court granted plaintiff’s request for a restraining order.
The appellate court reversed.
A person is guilty of harassment if, with purpose to harass another, he engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person. A finding of harassment must be supported by some evidence that the actor’s intention was to alarm or annoy. A victim’s subjective reaction alone is not enough. There must be evidence of an improper purpose. In other words, if a victim feels harassed by the act of another, but the other person did not intend to harass the victim, then there is no harassment.
The trial court had found that the defendant had not made these posts with the purpose to alarm or annoy (harass) the plaintiff. In fact, there was nothing in the record to suggest that he posted these messages with any intention toward the plaintiff.
In order to obtain a restraining order, the victim must establish that one of the predicate acts of domestic violence occurred and that a restraining order is necessary to protect the victim from future acts of domestic violence. Each of the predicate acts has its own elements that must be established. Harassment is the most common predicate act, because it covers a broad range of conduct. However, there are very specific requirements that must be met. This is to protect an alleged aggressor’s rights, while also providing the maximum protections under the law to victims.
Posting on social media is tricky. If you are separated or a relationship has ended you may want to express your feelings about this on social media. Use caution and discretion and make sure that nothing you say could be perceived as threatening. But the best advice is to say nothing. Even though the defendant above ultimately won, it took nearly a year and a lot of money in legal fees to prevail. How much is it worth to express your love (or lack thereof) on social media?
If you have obtained a temporary restraining order based on harassment, or you are the defendant, contact one of the experienced attorneys at Baker Legal Group to discuss your options. Restraining orders are scheduled for trial quickly and there may be effective strategies that an attorney can employ to assist with your case.