According to the ABA Journal, Mark Byron was upset about a protective order that ordered him to stay away from his wife and affected custody of his son. So he posted what's described as a "rant" about the situation on his Facebook page.
Here's what he posted last Nov. 23, according to a story in the Cincinnati Enquirer:
...if you are an evil, vindictive woman who wants to ruin your husbands life and take your son’s father away from him completely – all you need to do is say that you're scared of your husband or domestic partner...”
Elizabeth Byron somehow learned of the post she had been blocked from seeing. She believed it violated an earlier protective order that prevented Mark Byron from doing anything to cause his wife “to suffer physical and/or mental abuse, harassment, annoyance, or bodily injury," the Enquirer reported.
Byron was ordered to post a court-written apology on this Facebook page as well as pay his wife's court costs related to the incident. The alternative: 60 days in jail.
He told the newspaper he felt he had no option but to comply with the order.
The apology that Byron says has appeared on his page since Feb. 13 -- remember it was written by the judge -- has him apologizing to his wife for 'casting her in an unfavorable light' and to his Facebook friends for 'attempting to mislead them.' Byron said the apology forces him to make false statements, according to the Associated Press.
Mark Byron's next court date is March 19.
This is just the latest example of how normal behavior -- ranting about your estranged wife to a group of friends -- gets messed up when it is done on Facebook. Even if you have someone blocked, there is a good chance they will still see it. Especially if the remark triggers a cascade of other remarks from friends.
If this was just Facebook chatter, it is hard to see it as a threat to Mrs. Byron, but the judge's order is so broad anything Mark did that made his wife unhappy might qualify as contempt. 'Annoyance' is a pretty low standard for a restraining order, I think. Or the threat of jail time.
The moral of this story is simple: Before you rant about someone on Facebook, consider the possible consequences. Mark Byron probably won't go to jail, but he still could. Meanwhile, I hope his case will be appealed and the magistrate and judge involved will be given a First Amendment spanking by a higher court. They certainly deserve one.
