
Although "poking" is a somewhat passive and new form of technology-enabled correspondence, Ryan Calo, a residential fellow at Stanford Law School's Center for Internet & Society, said it is still a form of communication restricted by a protective order.
"A poke is a very deliberate action," he said. "You have to select the person and say, 'this is what I want to do.'"
Advances in technology have expanded the spectrum of communication, from low-engagement to high-engagement ways of interacting with others, Calo said.
This case involving Facebook "poking" is an example of how the law must recognize new and different forms of communication, he said. The digital environment can create new pitfalls and new threats, he added.
"Protective orders are not always about physical danger, they're often about getting this person out of your attention and getting away from them," he said.
In recent months, Calo said, there have been similar instances in which a person's virtual actions on social media sites have had legal ramifications.
In July, a Chicago woman was hit with a $50,000 lawsuit from a local management company after posting a comment on Twitter about her "moldy apartment."