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Many individuals do not realise that, technology misuse can typically be handled in both civilian court and criminal court of justice. The process and purpose for using each court of justice is various and you may achieve different results depending upon which court you remain in. What are the standard distinctions in local and criminal court of justice cases? In criminal court of justice, the case is filed by the state or county district attorney and the function is to penalize the abuser for breaking the law, which might result in prison time. In civil cases, the case is submitted by you (the victim) or your attorney and the purpose is typically to have the abuser pay you for damages that his/her behavior triggered you. In local cases, you are not asking the judge to send out the abuser to prison for his/her habits (although the abuser's behavior might be a criminal offense in your jurisdiction). In some circumstances, there may be both criminal and municipal cases happening at the same time or close in time based on the violent habits. For instance, in 2008, Erin Andrews, a commentator on ESPN, was stalked by a male who shot her in her hotel room through a peephole. A year later, the stalker was convicted of stalking in criminal law court and sentenced to over 2 years in jail. 5 years later on, Erin Andrews effectively took legal action against the stalker (in addition to the hotel and others) in civilian court for resources damages based upon negligence, intrusion of personal privacy, and emotional distress. It might not always be clear what legal choices are offered to you therefore it's important to talk to an attorney who is knowledgeable about the laws surrounding modern technology misuse. One method to address the misuse of modern technology can be through the domestic court system. To submit a lawsuit in civil court, you can use an attorney or file on your own. You can learn more about the alternative of suing an abuser in municipal court by reading our Suing an Abuser for Compensation site and picking your area from the drop-down option. There also might be other crucial civil legal choices to think about in technology-related abuse cases, specifically those that deal with the sharing of pictures of you without your consent. One possible option, for instance, handle turning over the copyright of images to you. Normally, copyright law may protect specific images or videos taken as an "original work," and the individual who takes a photograph or video is usually the copyright "owner." The owner of the copyright can decide if, how, and when those images are dispersed, published on-line, etc. In a local suit, it might be possible for you to request-- and for a judge to order-- that the accused 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 choose where the images are published and you may be able to demand that the images be eliminated from the Internet or other publications. For guidance on whether you might have a legitimate legal claim to get the copyright of any images taken of you, please seek advice from a legal representative who is knowledgeable about copyright law and modern technology abuse. Whenever you have a chance, you probably want to look at this kind of topic more in depth, by visiting this website link allfrequencyjammer ! Another method to attend to modern technology misuse is through the criminal court system. In the criminal law system, cases are filed by the place district attorney (likewise called the district lawyer or lawyer general in some places) based on offenses of territory criminal law. One crucial distinction in between a civil and criminal case is that in a criminal case, the district attorney 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. When a criminal case has been filed, if you later on decide that you do not want the case to continue (you wish to "drop the charges"), the prosecutor does not have to drop the case, since the district attorney is not "your lawyer. It is up to the prosecutor whether to continue the case or not. You do not always have the very same capability to begin or dismiss a case in criminal court of justice the way you might have the ability to in civic court. If you are being abused or stalked by someone who is misusing technology, it will be crucial to think through ways to increase your safety and personal privacy that take that technological innovations into consideration. Considering that 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 deal with precisely what is happening. Even if you are not able to or choose not to seek defense, compensation, or other types of justice in criminal or civic court, you can still make a plan for your safety and get assist to handle the emotional injury that you might experience. See our Safety Planning page to find out more on methods to increase your security. You can contact your local electronic cyber stalker organization for extra help creating a security strategy or for other support and more useful resources offered to you about modern technology criminal activities and its misuse and increasing your personal privacy and safety online.
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