There was a very interesting recent case in the Family Court involving a family offense petition whereby an ex-wife requested an order of protection stating that the ex-husband threatened to post a video of her on social media. The video was allegedly made when they were married in 2015. 

 During the trial, the ex-wife testified that she was never aware of being taped nor could she testify to the alleged video’s content.  The court found that she did not have a case for a family offense so no order of protection would be because she didn’t meet her burden of establishing the allegations of harassment according to the penal law. Her evidence and testimony did not qualify as a pattern of imminent and ongoing danger for harassment.  Because the ex -wife didn’t know the content of the video, or whether or not it even existed, it could not be deemed as a threat and there was no basis for a finding of a family offense. (Matter of Z.B. v. L.S. o-03313-21 October 18)