Social Media Breach
The client has a non-molestation order in place prohibiting them from posting personal information about their ex-partner or children on social media. The client claims to have been arrested for allegedly breaching this order by posting pictures of their children, which they argue do not constitute personal information. The order specifically mentions the prohibition against posting personal information, and the client seeks advice on whether posting pictures constitutes a breach of the order. This situation involves Breach of Court Order and Family Law matters.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHave I actually breached the non-molestation order by posting pictures of my children on social media?
Whether you have breached the non-molestation order depends on the exact wording of the order. If the order specifically prohibits posting any personal information about your children on social media, posting their pictures could be considered a breach. Personal information can include images if they could potentially identify or relate to the person named in the order. It might be useful to review the order in detail and assess whether the photographs could be seen as contravening its terms. You should consider consulting with a legal professional for specific advice.
What are the potential consequences if I am found to have breached the non-molestation order?
If found to have breached a non-molestation order, you may face serious consequences. These could include a fine, imprisonment for up to five years, or both, under relevant family law provisions. The severity of the penalty will depend on factors such as the nature of the breach, whether it was repeated, and any harm caused. Legal advice is essential to navigate these proceedings and mitigate potential consequences.
How can I defend myself against the allegation of breaching the non-molestation order?
To defend against the allegation of breaching the non-molestation order, you should argue that there was no intent to harass or distress. Gather evidence demonstrating your compliance, such as avoiding the mention of your ex-partner or any personal details in your posts. Highlight any ambiguity in the order's language regarding the posting of children's pictures, especially if no personal information was shared. Engaging a legal professional experienced in family law could enhance your defence by skilfully navigating legal nuances.
Is there any way to challenge or appeal the terms of the non-molestation order?
To challenge or appeal the terms of a non-molestation order, you can apply to vary or discharge the order under family law provisions. This involves submitting an application to the family court, justifying why changes are necessary. It's important to note that the court prioritises the safety and welfare of the individuals protected by the order. Legal representation can ensure your application is adequately supported by evidence and arguments.
What steps should I take to prevent future allegations of breaching the order?
To prevent future allegations of breaching the non-molestation order, ensure that you fully understand the order's terms and their interpretation. Avoid posting any content related to your ex-partner or children on social media, including indirect references or images. Document your compliance efforts and attend any court-ordered programmes, which can demonstrate your commitment to following the order.
