Man arrested after police say Facebook ‘poke’ violated protective order

[shadowmouse]

I don't understand the issue?

The Devil is in the details.

Bauer's friend showed us her Android phone, similar to his, where the "poke "and the "block" button are right next to each other. She says he was trying to block the woman who has a restraining order against him as he does against her.

Source: http://fox61.com/2016/05/24/milford-...tective-order/

If the two buttons really are next to each other, there is a plausible reason for him wanting to block her. We've probably all had a miss click.

The language "as he does against her" doesn't really tell us clearly, does that mean she blocks him and so he wanted to block her, or does he possibly have a restraining order against her? If the former, he certainly should be able to block her. If the latter, he probably should block her. Since there doesn't seem to be an ongoing pattern of him sending pokes, it is going to be hard to prove it wasn't an accident; however, that may or may not save him.

We don't know the history of these two. Accidents do happen, but sometimes people who commit harassment just love to push the line and this is one way they do it. Think of it as a bit like certain posters in online forums who try to skirt various rules by claiming plausible deniability, well not on MMO-C of course.

The most common defense against the charge of violation of a restraining order is that the violation was not willful. Violation of a restraining order is not always intentional. An individual with a restraining order against them may accidentally go to the same place as the person they have been ordered to stay away from. Further, the person who issued the restraining order in the first place may later try to contact the individual they issued the restraining order against. However, even in these situations it is possible that the individual who the restraining order is against can still be found guilty of violating it. This is because it will generally be one person’s word against another’s.

Source: http://family-law.freeadvice.com/fam...iolation03.htm

You can even be accused of a protection order violation if you didn’t initiate contact, or contact happened by accident!

Source: http://www.myillinoisdefenselawyer.c...der-violation/

And it can be surprisingly easy to be in violation. You can be violation without your knowledge, or by accident. You can even be accused of violating the order by simply accepting a phone call, or if the other person initiates contact with you.

Source: http://www.experiencedcriminallawyer...raining-order/

[Moralgy]

My android has the block and poke button about an inch apart when you click the options on the facebook app. I don't really believe that excuse.

[Nobleshield]

As someone who's soon-to-be-ex wife has threatened a protective order against me on a whim (usually involving my not giving her money/and or the car keys), I find this to be laughable that it's enforced virtually. A protective order is meant to be physical, because the person filing (presumably, except in the case of my "wife") feels threatened by the other person and doesn't want them around. This is the equivalent of "he called me a bad name mommy" that we learned to ignore as children.

Sorry, but I'm definitely biased against this sort of nonsense in this situation.

[Jtbrig7390]

No contact means no contact.

If he was trying to block her that is one thing tho. Need to see when the protective order went into effect and how long ago it was before this happen. If it was a day or 2 then ya I can see this just being a accident;

But if its been weeks then its on him.

- - - Updated - - -

My android has the block and poke button about an inch apart when you click the options on the facebook app. I don't really believe that excuse.

Not everyone's phone is your phone. I got a small shitty smart phone where there is times I hit more then one thing at a time.

[Deleted]

As someone who's soon-to-be-ex wife has threatened a protective order against me on a whim (usually involving my not giving her money/and or the car keys), I find this to be laughable that it's enforced virtually. A protective order is meant to be physical, because the person filing (presumably, except in the case of my "wife") feels threatened by the other person and doesn't want them around. This is the equivalent of "he called me a bad name mommy" that we learned to ignore as children.

Sorry, but I'm definitely biased against this sort of nonsense in this situation.

I've seen examples such as you describe where the principle of the law was being abused. I'd encourage people to keep an open mind.

If the facts are those implied by the article, fine, but there may be more going on here.

I know police have cautioned people for simply contacting women through facebook, purely because the women didn't want the attention. IMHO without any communication to the effect that the women didn't want to be contacted issued to the sender, then this is a waste of police time and should result in the women being prosecuted.

[Dug]

As extreme as it may be she has a protective order against him and he needs to abide by that. "Poking" her and trying to get her attention is still trying to make contact and borderline harassment with "Hey I'm not technically talking to you but I'm not going to let you forget my existence"

[shadowmouse]

Just out of curiosity, the legal standard is "beyond reasonable doubt". Set the buzzwords aside. Recall that we haven't seen the screen on his phone and don't know how far apart the buttons were, although the article does sound as if they were close together. Now, can we say, beyond reasonable doubt, that he intended to violate the restraining order?

[unfilteredJW]

Damn, your own mother? Sounds like there's a story there...mind you, I haven't talked to my own mother in years so I'm not judging.

Haha, now that I go back and read it it sounds like I have the order on her. No, she has one on someone else and they contacted her the same way and now he's getting ready for a weekend getaway.

[Socialhealer]

man is an idiot, man is arrested for being an idiot, logic at work.

[TirielWoW]

As someone who's soon-to-be-ex wife has threatened a protective order against me on a whim (usually involving my not giving her money/and or the car keys), I find this to be laughable that it's enforced virtually. A protective order is meant to be physical, because the person filing (presumably, except in the case of my "wife") feels threatened by the other person and doesn't want them around. This is the equivalent of "he called me a bad name mommy" that we learned to ignore as children.

Sorry, but I'm definitely biased against this sort of nonsense in this situation.

No contact orders don't just apply to physical contact. Surely you are aware of this?

[Celista]

Haha, now that I go back and read it it sounds like I have the order on her. No, she has one on someone else and they contacted her the same way and now he's getting ready for a weekend getaway.

Ah gotcha. This is very common...as another person in this thread said, sometimes people like to see what they can get away with, they may try to act like it was an accident/an innocent poke when it was in fact completely intentional.

Basically, someone with boundary issues will act this way (which is one of the main reasons why we have restraining orders in the first place).

[skannerz22]

*pretends to appear shocked* OH IT'S IN USA WTF!!!

*sarcastic tone* usa is a police state

[Stacyrect]

Milford man arrested after police say Facebook ‘poke’ violated protective order

http://fox61.com/2016/05/24/milford-...tective-order/



MILFORD — A man was arrested after police said he ‘poked’ a woman via Facebook, after she had filed a protective order against him.

Police said they took Eric Bauer, 27, of Milford into custody for violating a full protective order when he sent a Facebook ‘poke’ to a woman who had filed for a protective order against him.

The incident took place on May 5 and Bauer was arrested May 23. He was released on a promise to appear and is scheduled to be in court on Tuesday.

A Facebook ‘poke‘ is a means to get someones attention, or say hello. Facebook users can turn off pokes by blocking them.

First of all, it's connecticut, this shouldn't be a shocker. This is a state who has 3 judicial systems. One for minorities, one for men, and one for women. Let me be clear, from personal experience, you can do no wrong as a woman in connecticut. I can personally vouch that as a woman, you can forcibly break into someones house with a butchers knife, attack an occupant of the house, and not be arrested. However, it will earn you a summons to court for criminal mischief for smashing 5 windows and kicking the glass out of the front door despite that the fact that you drove 30 miles while being completely intoxicated and have obvious cocaine residue in your nostrils. If you are a man or a minority in connecticut, you are fucked. Come to connecticut on vacation, leave with probation as the saying goes

[Torgent]

As someone who's soon-to-be-ex wife has threatened a protective order against me on a whim (usually involving my not giving her money/and or the car keys), I find this to be laughable that it's enforced virtually. A protective order is meant to be physical, because the person filing (presumably, except in the case of my "wife") feels threatened by the other person and doesn't want them around. This is the equivalent of "he called me a bad name mommy" that we learned to ignore as children.

Sorry, but I'm definitely biased against this sort of nonsense in this situation.

They are not meant to be physical. It very clearly states "All contact". This includes phones, emails, letters, and yes, social media contact. If this man was trying to press the block button, he could argue that. If not, he knowingly violated his order and deserves his time. If your ex wife gets this contact order against you, I hope you learn pretty quick that any contact at all is a violation.

[dextersmith]

A Facebook ‘poke‘ is a means to get someones attention, or say hello.

Full protective order says she didn't want any of that.

[skannerz22]

Full protective order says she didn't want any of that.

well her lack of effort in upholding her end of not wanting any of that by not blocking his account forcing him to block her himself making his accidentally clicking poke claim entirely valid to make his arrest unwarrented and could even go as far as getting the restraining order removed if his lawyer isn't a dumb arse and has a brain

[Garnier Fructis]

well her lack of effort in upholding her end of not wanting any of that by not blocking his account forcing him to block her himself making his accidentally clicking poke claim entirely valid to make his arrest unwarrented and could even go as far as getting the restraining order removed if his lawyer isn't a dumb arse and has a brain

So if I'm understanding this correctly, because she didn't do everything possible to protect herself from the guy breaking the law, even though she has no legal obligation to do so whatsoever, we should just assume that his defense for why he broke the law is valid and throw out the protective order.

Great, so all people have to do to get rid of restraining orders in your world is find a way of making contact that can be construed as an accident and have the courts subsequently throw it out. Then they can make all the unwanted contact they want, because hey the other party deserves it, right?

[BuckSparkles]

Am I the only one who finds it funny?

-Poke-

MAH SAFE SPACE.

[Dug]

So if I'm understanding this correctly, because she didn't do everything possible to protect herself from the guy breaking the law, even though she has no legal obligation to do so whatsoever, we should just assume that his defense for why he broke the law is valid and throw out the protective order.

Great, so all people have to do to get rid of restraining orders in your world is find a way of making contact that can be construed as an accident and have the courts subsequently throw it out. Then they can make all the unwanted contact they want, because hey the other party deserves it, right?

She should have set up a laser defense system to prevent the carrier pigeons from delivering the messages.

[Torgent]

well her lack of effort in upholding her end of not wanting any of that by not blocking his account forcing him to block her himself making his accidentally clicking poke claim entirely valid to make his arrest unwarrented and could even go as far as getting the restraining order removed if his lawyer isn't a dumb arse and has a brain

It's not the victim's responsibility to prevent the crime. It's the one committing it. While this is a minor infraction, you're still victim blaming.