A woman in New York City could face a one-year jail term for allegedly tagging her former sister-in-law in a Facebook post that called her "stupid". Maria Gonzalez was under a protection order, also known as a restraining order, following her divorce from Rafael Calderon.
Gonzalez has been accused of second-degree criminal contempt for tagging Maribel Calderon. "You and your family are sad… You guys have to come stronger than that!! I'm way over you guys but I guess not in ya agenda," Gonzalez wrote in her Facebook post, according to CNET.
Gonzalez's attorney Kim Frohlinger told the court that the restraining order did not specifically prohibit her client from communicating with her former sister-in-law via Facebook. Acting Westchester County Supreme Court Justice Susan Capeci, however, disagreed saying the phrase in the protection order "by electronic or any other means" was sufficient to cover any Facebook communication.
"The allegations that she contacted the victim by tagging her in a Facebook posting which the victim was notified of is thus sufficient for pleading purposes to establish a violation of the order of protection," judge Susan Capeci said, according to The Telegraph.
Maribel filed the complaint after she received a notification that said she had been tagged by Gonzalez. Frohlinger has said that Gonzalez would not appeal against the judge's ruling.
Manhattan matrimonial attorney Michael Stutman, who is not part of the case, said the ruling proves his client adage: "Everything you post anywhere can possibly be used against you."