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Social media often comes up in respect to child custody and visitation or with domestic violence, because that is when you want to prevent your spouse from making abusive or negative statements on Facebook. Sometimes angry people want to post on social media about what a bad person their spouse is. We as family law experts often request an order that the spouse not disparage the other person on social media.

A case came out recently in California, which is contrary to the trend. The case stated the court was not permitted to order the abusive spouse not to post negative content and photos of his spouse on Facebook. It said it is a restraint on speech to have a broad order in a domestic violence case that the abusive spouse cannot post anything about the divorce on Facebook. It was a reversal of the trial court.

However, the trend in California has been that the courts are becoming very liberal as to what orders and what restraints on conduct and speech you can impose when there is a domestic violence order.

California is very restrictive of what you can do if you are an abusive domestic violence offender. In California, you cannot own a gun if you are convicted of domestic violence. Now the courts are saying you cannot order that spouse cannot post on Facebook? There is an issue in that.