Domestic Violence has long been a problem for some people who have been or still are in a relationship or marriage where one person asserts control through physical, emotional, or social abuse. Protecting victims is critical, and as technology has changed over the years, the need to update and restrict behavior has expanded.
In NY an Order of Protection (referred to as an "O/P") can be obtained through the criminal courts if an arrest has been made, through the Family Court if it is non-criminal, and through the Supreme Court if part of a divorce case.
An O/P can be either a "refrain from" or a "stay away from" which essentially means that with the first one it is not a violation to be in close proximity of the protected person, whereas the second one usually states to stay away from the home, place of employment, and school of the protected person. These parts have not dramatically changed. However, the legislature has found it necessary to try to stay current with new forms of harassment that might not have existed several years ago.
So for example, a few years ago an O/P might state no direct communication, no communication through other persons (third parties), no email, no texts, and no disparaging on social media.
In the last few years I have had clients complain that the aggressor, even if out of the house, was using Wi-Fi and account logins to change thermostat settings in the home, change alarm codes, change or open door lock and garage door passwords, and restrict online joint account access, all to harass the other person but without "proximity".
NY O/Ps are now modernizing and now have the following as a provision for the court to select:
Refrain from remotely controlling, monitoring or otherwise interfering with any electronic device or other object affecting the home, vehicle or property of the protected person(s) by connection through any means, including, but not limited to, the internet, Bluetooth, a wired or wireless network, or other wireless technology.
If requested, the Court can restrain the posting of "intimate" images, making it illegal to publish and disseminate such private photos/videos of the party, thus protecting them from harassment and threats to expose and cause emotional and social harm to the victim.
The Court may also order the return of "identification documents," which is now perhaps even more important than ever before. I have had cases where one person takes the passports or green cards or work permits of the other person and/or children, thus previously preventing travel and employment and now possibly affecting the right to be in this country.
The NY O/P form template, which details standard provisions available while still allowing for the Court to expand the terms, can be found with this link. It is a good idea to know what can be requested when you seek the Court's protection.
The expansion of protection for victims of domestic violence is an important part of maintaining safety and freedom from ongoing and continuous harassment of former/current partners. People need to be able to separate and maintain themselves free of new offensive conduct that technology has made possible for a person consumed with control and revenge.