I’m getting divorced and my ex keeps harassing me through text message
While the evolution of modern technology continues to help create invaluable forms of communication, it also lays the groundwork for abuse of these technologies like harassment during the process of divorce.
The Ugly Side of Texting
One of these areas is in relation to text messages that are sent from one ex to their former partner. While the majority of laws that are connected to domestic violence usually deal with physical threats, behavior that’s harassing in nature also falls under this category.
Harassment through texting can include making a threatening comment toward a person where the latter individual fears for their safety. The texts may not even need to be threatening to be considered harassment, but could be simply getting bombarded with repeated texts.
Text messages are treated by courts as any other type of spoken evidence, which means that they have to reach the same standard of reliability while also staying within hearsay exceptions.
Ways to Combat the Problem
- One of the simplest ways to stop this would be to simply change your phone number. While it’s an unwanted expense, it would eliminate the problem, as would simply asking your phone provider to have the text messaging option on the phone disabled.
- Make sure to save any pertinent texts from the ex, so that they can be assessed legally to determine if they can be considered harassment. Also, document them in writing in the event that they’re inadvertently deleted. Contact an attorney to let them determine the validity of your overall case.
- You can also have a restraining order (or order of protection) filed by your attorney in Family Court against any further texts that are harassing in nature. That way, any violation will make your ex subject to arrest, while also legally establishing the problem.
- Even before any arrest would take place, your lawyer should draft a letter to your ex stating that they’re in violation of the order. This will include the consequences involved with any further harassment. Doing so will bolster your case against the ex.
Doing Things the Right Way
The many issues related to divorce now have text messaging joining the list. However, by obtaining the proper legal advice to combat this, the problem can be eradicated. Therefore, doing things the right way includes a discussion with your attorney.