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A number of people do not appreciate that, modern technology abuse can often be dealt with in both civil law court and criminal court of law. The procedure and purpose for using each law court is various and you might achieve various results depending on which court of law you are in. What are the basic distinctions in criminal and civil court of justice cases?
One way to address the misuse of modern technology can be through the civilian court system. To submit a claim in civilian court, you can utilize an attorney or file on your own. You (the victim) can sue for money damages for things like lost salaries, loss of your job, emotional discomfort and suffering, damage to yours track record, and even punitive damages (to punish the accused). If your damages are below a particular amount, you might be able to submit on your own in small claims court. In some nations, if you were the victim of the crime of disclosure of intimate images, the law might allow you to take legal action against the individual who uses the image or discloses for damages that increase each day the abuser is in offense of the law. You can learn more about the alternative of suing an abuser in local court by reading our Suing an Abuser for Money post and choosing your place from the drop-down menu. You can also ask the court to provide an order (often called an injunction or a detering order) in which the judge orders the defendant to stop doing certain things (like sending out pictures of you to others) or to require him/her to do certain actions (such as turning or damaging over images). Containing orders may be a legal remedy for victims experiencing different types of abuse involving technological innovation (and not just for nonconsensual image sharing cases) depending on your jurisdiction's legal definition of domestic violence.
There also may be other important local legal choices to think about in technology-related abuse cases, particularly those that deal with the sharing of pictures of you without your permission. One possible option, for instance, handle turning over the copyright of images to you. Usually, copyright law might protect specific images or videos taken as an "original work," and the person who takes a picture or video is usually the copyright "owner." The owner of the copyright can choose if, how, and when those images are distributed, published over the internet, and so on. Nevertheless, in a domestic lawsuit, it might be possible for you to demand-- and for a judge to order-- that the offender sign over any copyright ownership of the images to you (the victim). If you are the copyright owner, you would have the legal power to decide where the images are published and you might be able to require that the images be removed from the Internet or other publications. For guidance on whether or not you may have a valid legal claim to get the copyright of any images taken of you, please seek advice from a lawyer who is well-informed about copyright law and technological innovations misuse. Additional information can be found, if you want to go here for the website #links# ...!
Another way to resolve technology abuse is through the criminal court system. In the criminal law system, cases are filed by the territory prosecutor (also called the district attorney or attorney general in some regions) based on infractions of area criminal law.
One important distinction in between a civilian and criminal case is that in a criminal case, the prosecutor is the one who chooses whether or not to file the criminal case against the abuser and whether or not to withdraw the criminal charges. As soon as a criminal case has actually been filed, if you later on decide that you do not desire the case to continue (you wish to "drop the charges"), the district attorney does not need to drop the case, given that the district attorney is not "your lawyer. It is up to the district attorney whether to continue the case or not. You do not always have the exact same ability to dismiss a case or begin in criminal law court the way you might have the ability to in civic court of law.
If you are being mistreated or stalked by someone who is misusing modern technology, it will be essential to think through ways to increase your security and privacy that take that technological innovations into consideration. Because technological innovation is continuously altering and the application of laws in this location are still establishing, there could be situations where the current law may not deal with precisely what is happening.
Even if you are unable to or select not to look for protection, damages, or other forms of justice in criminal or civic court, you can still make a prepare for your safety and get help to deal with the psychological trauma that you might experience. See our Safety Planning site for more information on methods to increase your safety. You can call your regional electronic cyber stalker company for extra assistance creating a safety plan or for other assistance and more useful resources offered to you about technological innovation criminal offenses and its abuse and increasing your privacy and safety on line.