By Stacey Alphonse
Domestic violence is an abusive action of power and control. In Ohio, a crime can be domestic violence if it contains two elements: (1) involving family or household members and (2) knowing or reckless cause or attempt of bodily harm.¹ Stalking is an example of domestic violence. Stalking is a pattern of activities done for the purpose of causing harm or distress to another person. Cyberstalking is the use of technology to stalk someone.
Survivors of domestic violence may be stalked even after leaving the abusive relationship. One defensive measure in Ohio is to obtain a civil protection order. Sadly, that option does not always stop an abuser from posting about you online.
In Bey v. Rasawehr, a mother and daughter tried to get a civil protection order against a household member who consistently posted offensive things about them on the internet.² The facts of this case fit the elements of domestic violence. However, the Ohio Supreme Court determined that a civil stalking protection order that limits a person from posting online is an unlawful prior restraint on protected speech, thus violating the First Amendment.
Despite this decision, courts still provide civil protection orders to survivors who are being cyberstalked.³ The protection order itself must be very clear on what behavior it does not allow the abuser to do, such as “no contact with the individual’s employment location,” or “no contact with the family pet, Bella.”
Even without a civil protection order, there are many ways in which a domestic violence survivor can protect themselves from being cyberstalked:
Change your passwords. If the abuser has access to your online accounts, change the password for the online accounts once you have safely left the situation. You can also set up a new email address and connect your online accounts to the new email address.
Protect your information. Try not to use your full name on any social media platforms. Never post your address or your phone number. Keep identifying information off social media, even in private messages with family or friends such as direct messages on Instagram or Facebook Messenger.
Technology devices store a lot of information about what you view online. Update your privacy settings on your phone. Make sure that other devices or accounts are not connected to your phone. Review all applications that you have on your phone and their use. Look at your data usage, as it may indicate any monitoring software. Turn off location tracking. Clear your cookies, website history, and caches.
Be conscious. If you think that you are being cyberstalked, it may be dangerous to suddenly stop your online activity because your abuser may instead use physical violence. If your abuser has access to your devices, be careful how you use it.
Additional resources for help:
- National Domestic Violence Hotline: 800.799.7233
- National Deaf Domestic Violence Hotline: 855.812.1001
- National Teen Dating Violence Hotline: 866.331.9474
¹Ohio Revised Code 2919.25.
²Bey v. Rasawehr, 161 N.E.3d 529 (Ohio, 2020)
³See S.D. v. N.B., 306 A.3d 211 (N.H., 2023) (example of a case where the court provides a civil protection order for an individual who is being cyberstalked). see also Miller v. Leone, 2024 WL 1507676 (Ohio Ct. App., 7th Dist.) (the court determined that issuing a CSPO that orders an appellant to stay away from appellee and her family does not interfere with the First Amendment).
This article was published in Legal Aid's newsletter, "The Alert" Volume 40, Issue 1, in Fall 2024. See full issue at this link: “The Alert”- Volume 40, Issue 1.