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March 09, 2021

When Threatening Texts Become Harassment

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When Threatening Texts Become Harassment

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When dealing with a divorce, child custody and support issues, or other types of family court disputes, disagreements often extend beyond the courtroom. The other party may try and intimidate you through the use of texts. When these take a threatening tone, they could face criminal charges as a result. 

Harassment Via Text

Most of us carry our cellphones with us everywhere, allowing others to reach us via text at home, at work, when running errands, and while engaged in social or recreational pursuits. This can be a good thing but it can also be used as a form of harassment. 

Threatening texts are common in divorce or other family court-related matters. They can result in criminal charges being filed against the sender. Under the Illinois Statutes (720 ILCS 5/26.5-3), harassment by text is against the law and occurs when a person uses their device for the following purposes: 

  • To make comments, requests, or suggestions that are obscene and designed to offend the receiver;
  • To make threats against the receiver’s person or property;
  • To send documents, files, photos, videos, or other objects via text for the purpose of harassment;
  • To send texts designed to interrupt or disrupt the receiver’s use of their cell phone service or texting abilities. 
  • To contact anyone under the age of 13 with the intent to harass them, regardless of whether the receiver consents to the texts. 

Dealing With Harassing and Threatening Texts

When harassment via text occurs between spouses, domestic partners, children and parents, or other family members, it is considered a form of domestic abuse. It can also be a precursor to more serious offenses, including stalking, vandalism, and acts of physical violence. To protect yourself, Tech Safety recommends taking the following steps: 

  • Report it to the police: Call law enforcement officers or visit the local police station, show them the texts, and make sure that a police report is filed;
  • Document the harassment: Save or take screenshots of the texts and the date/time they were received, Keep a journal detailing any other type of harassment that occurs. 
  • Contact your cell phone provider: In some cases, they may take action against your harasser;
  • Get a protective order: Getting an Order of Protection can help put a stop to harassing texts and can prevent the person from committing other acts of domestic abuse

Reach Out to Our Chicago Child Family Law Attorneys

The Women’s Divorce and Family Law Group can help protect you against harassment and other types of domestic abuse. Reach out and contact our Chicago family law attorneys to request a consultation today. 

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