My wife and I are separated and there is a protective order against me. We are not friends on Facebook nor do we have any mutual friends on Facebook she has also blocked me. She is saying I broke the protective order by posting about her publicly. How can I break the order if she would have to go search and go to my page to read the posts?
It seems that you overlook the possibility that SOMEONE ELSE saw a post you made, then informed your wife about it. Also, how she found out about a post that you made is different than determining if you violated the order. It seems like the order would prohibit you from contacting her - either directly or indirectly - not prohibit you from posting about her (although that might raise issues related to whether you were trying to contact her). I is usually wisest to avoid any posts, etc. when you have a PO in place. Take care.
Read the language in the Protective Order- it should specify "no contact" or "no violent contact" or something along those lines- if that is the case, and you made a public statement on social media, that is NOT an effort to contact her under most definitions. However, the smart thing would be to just stop talking about your situation at all on social media, and be circumspect- she can't file against you for breach if you haven't posted anything at all. It's not a 1st Amendment question of freedom of speech so much as being able to show a Court that you are 100% error-free.
Legal issues often depend on the specific facts in any given case or situation. Please do NOT utilize the information you receive as either a binding legal opinion in your case, nor presume that I am your counsel because I've answered a question you had. Any legal representation is accomplished by written contract ONLY, signed by each of us.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline