- The Washington Times - Monday, January 18, 2016

A judge in upstate New York has upheld second-degree criminal contempt charges against a local woman who violated a protection order by tagging her former sister-in-law on Facebook.

Maria Gonzalez now faces upwards of one year in prison after Acting Westchester County Supreme Court Justice Susan Capeci refused to dismiss charges that were brought against the woman in response to two posts she penned over social media, the likes of which the justice said were in violation of an Order of Protection, also known as a restraining order, obtained previously by her former in-law, Maribel Calderon.

In one of the posts, Ms. Gonzalez called the other woman “stupid”’; in another, she wrote “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.”

Although Ms. Gonzalez didn’t send either musing directly to her former in-law, Ms. Calderon received a notification from Facebook informing her that she had been “tagged” in the posts, which the judge agreed had constituted a violation of the order.

“The order of protection prohibited the defendant from contacting the protected party by electronic or any other means,” she wrote. “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.”



Ms. Gonzalez’s attorney, Kim Frohlinger, said previously that the charges should be dismissed since the protection order didn’t explicitly specify Facebook has a prohibited platform. Following the judge’s latest ruling, however, the woman’s legal counsel said they had no plans to appeal, the New York Post reported last week.

Calderon had obtained the restraining order after her brother, Rafael Calderon, divorced Gonzalez, the paper added.

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