Q: Can an Order of Protection include a provision preventing my ex from following up on his threats to publish false and damaging information about me on a web site which he has created for the sole purpose of defamation and slander.
A: David's Answer: I respectfully disagree with the other learned counsel in their thinking that respondent posting your information to social media cannot be proscribed in an order of protection. Such acts have indeed been proscribed - and violations of same upheld [Peo. v. Phelan, 82 A.D.3d 1279 (3d Dept 2001)]. As such, you can certainly ask for such a provision in the final order of protection - it obviously remains within the discretion of the Judge whether to grant it or not. Indeed, there's no "free speech" issue in same, as Orders of Protection routinely prohibit threats, which would otherwise constitute pure speech. You should nevertheless schedule a consult with a Rockland/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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