lundi 1 février 2016

Establishment: Can You Get a Peace Order Based on Facebook Posts

My question involves restraining orders in the State of: Maryland

About a week ago my wife and her friend got into an argument where words were exchanged and racial slurs were said from this woman to my wife via text messaging (sms).

My wife recently used her facebook account and found several "public posts" that this person made on FB and posted images of the text messages where she was calling my wife a "stupid chink" and calling me a "camel jockey" etc....

The posts weren't directed to that person, but was on her friend's public post which is commentable by everyone (kind of like telling everyone in a group v.s. to that person directly).

So anyway this person became angry because their behavior is getting aired out in the open and made a comment that she will file a restraining order etc...

I've done some research and found it is actually possible to do this (file a peace order based on FB posts). However, there is discussion that talks that it has to be slanderous (not true).

I'm also having a hard time seeing how could someone file a peace order on some based on a FB account??? How would that person prove, that this person is the person who's FB belong to them. My wife's FB account is pretty much blank!!! There really is not identifiable information on her FB account other than her name. Of course we all know that a FB account can be created on any name etc...

To my knowledge it should be hard to create a Peace Order against someone on mere fb postings, but I was also reading that laws in MD allow judges to grant peace orders based on "preponderance of the evidence" (not too strong). My fear is a peace order granted based on a several FB postings?

Thanks


Establishment: Can You Get a Peace Order Based on Facebook Posts

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