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Lots of people do not appreciate that, technological innovations abuse can often be dealt with in both civilian court of justice and criminal law court. The process and purpose for utilizing each court is various and you might achieve various outcomes depending on which court of justice you remain in. What are the fundamental differences in civilian and criminal lawsuit? In criminal court of law, the case is submitted by the jurisdiction or area prosecutor and the function is to punish the abuser for breaking the law, which might result in jail time. In civic cases, the case is filed by you (the victim) or your attorney and the function is usually to have the abuser pay you for damages that his/her habits triggered you. In civilian cases, you are not asking the judge to send the abuser to prison for his/her behavior (although the abuser’s behavior might be a crime in your state). In some scenarios, there may be both criminal and municipal cases taking place at the same time or close in time based on the violent behavior. For instance, in 2008, Erin Andrews, a sportscaster on ESPN, was stalked by a man who recorded her in her hotel room through a peephole. A year later on, the stalker was convicted of stalking in criminal court of law and sentenced to over 2 years in jail. Five years later on, Erin Andrews effectively took legal action against the stalker (in addition to the hotel and others) in domestic court for money damages based upon negligence, intrusion of privacy, and psychological distress. It might not constantly be clear what legal alternatives are offered to you therefore it’s important to speak with an attorney who is knowledgeable about the laws surrounding technological innovation misuse.

One way to deal with the abuse of technological innovation can be through the civil court system. To file a claim in local court, you can use a lawyer or file on your own. You (the victim) can demand resources damages for things like lost earnings, loss of your job, psychological pain and suffering, damage to yours track record, and even punitive damages (to punish the accused). You may be able to file on your own in little claims court if your damages are listed below a certain quantity. In some areas, if you were the victim of the criminal offense of disclosure of intimate images, the law may permit you to sue the person who discloses or utilizes the image for damages that increase every day the abuser remains in offense of the law. You can learn more about the choice of suing an abuser in civic court by reading our Suing an Abuser for Resources webpage and picking your territory from the drop-down menu. You can also ask the court to provide an order (often called an injunction or a restricting order) in which the judge orders the accused to stop doing certain things (like sending out images of you to others) or to require him/her to do particular actions (such as destroying or turning over images). Restraining orders might be a legal treatment for victims experiencing different kinds of abuse involving technological innovation (and not only for nonconsensual image sharing cases) depending upon your territory’s legal meaning of domestic violence.

There also may be other crucial civilian legal alternatives to think about in technology-related abuse cases, especially those that deal with the sharing of images of you without your approval. In a municipal suit, it might be possible for you to request– and for a judge to order– that the defendant sign over any copyright ownership of the images to you (the victim). For suggestions on whether or not you might have a valid legal claim to get the copyright of any images taken of you, please consult with a legal representative who is knowledgeable about copyright law and technological innovation misuse. Whenever you have a chance, you probably would like to look at this kind of topic more in depth, by visiting the their site allfrequencyjammer.com .

Another way to attend to technological innovation misuse is through the criminal court system. In the criminal law system, cases are filed by the region prosecutor (also called the district attorney or chief law officer in some communities) based on violations of region criminal law. (Or if a federal law is breached, the federal prosecutor would be the one to file the case.) Generally, when you call 911 or go to the police department to file a criminal complaint, the police will do an investigation and if there is “possible cause” to make an arrest and enough proof to prosecute, the abuser might be charged with a crime. To see a list of some common criminal offenses in your community, specifically those that involve technology abuse, go to our Crimes web page and enter your place in the drop-down menu.

One important difference in between a criminal and civilian case is that in a criminal case, the district attorney is the one who chooses whether or not to submit the criminal case against the abuser and whether or not to withdraw the criminal charges. You do not necessarily have the same capability to dismiss a case or begin in criminal court the way you may be able to in civilian court of law.

Absolutely nothing is more important than your security and your well-being. If you are being abused or stalked by somebody who is misusing technology, it will be important to analyze ways to increase your safety and personal privacy that take that technological innovation into factor to consider. Since technology is continuously changing and the application of laws in this area are still developing, there could be scenarios where the current law may not resolve exactly what is happening. However, the majority of acts of misusing technological innovation for the purposes of harassment, stalking, and abuse are prohibited.

Even if you are not able to or pick not to look for security, compensation, or other forms of justice in municipal or criminal court, you can still make a plan for your safety and get assist to deal with the emotional injury that you may experience. See our Safety Planning web page for additional information on ways to increase your safety. You can contact your local electronic cyber stalker company for additional assistance producing a safety strategy or for other support and more handy resources readily available to you about technological innovations criminal offenses and its abuse and increasing your privacy and safety on the net.