Can I get an order of protection or restraining order against someone for text messages?

In our world of technology, there are new means of harassment: text messages. Where is the line drawn between conversing and harassment? A seemingly harmless conversation can quickly take a turn and become combative in a hurry.

Text messages are super helpful for parents that are sharing custody but who refuse to talk to one another on the phone. However, does a parent have a right to repeatedly text and ask an ex-spouse about their children, or at some point do too many text messages cross a boundary? Many courts are now hearing cases with similar circumstances. Text messages are preferential to some judges because they keep a written history of communication between the two parties and are time-stamped.

A court in New Jersey recently had to rule on the issue of allowable text messages. The judge ultimately decided that, because threats were not made, the judge felt that non-custodial parent was not breaking any laws by repeatedly sending text messages and that it was not harassment. In other cases, judges have ordered that a weekly e-mail be sent to the non-custodial parent to provide an update on the children, their grades, and activities. Again, there is a written history of communication when e-mails are being used.

Order of protection and Restraining Order

On the other hand, if someone is sending threatening text messages and you are legitimately fearful for your safety, then you should contact an experienced family law attorney to discuss a possible order of protection. To obtain an order of protection, you must be able to prove that there is an imminent threat. If there is a history of violence or domestic abuse be prepared to provide that information as well. Many judges prefer to error on the side of caution when it comes to potential harm.

An order of protection or restraining order is not likely to be granted because someone is simply “annoying” you or because someone is sending you multiple text messages. There must be a threat or imminent danger in order to get an order of protection or protection order granted. Contacting an Arizona family law attorney may be helpful in determining if your case meets the threshold to get a protection order.

Please keep in mind, you must also be prepared to have your text messages scrutinized as well. If you are found to be engaging the behavior or behaving poorly yourself, then you are less likely to be granted the relief that you seek. Please be cautious when texting in anger as the messages could be used against you. Speaking to an experienced lawyer can help you determine the likelihood of the order being granted.

Contact a skilled Family Law Attorney in Arizona if you feel threatened for your safety or that of your child. We are here to help you: (480) 833-8000

LISTEN TO THE PODCAST VERSION OF THIS ARTICLE

Phoenix Location:
343 W Roosevelt St UNIT 100,
Phoenix, AZ 85003

Office: (480) 680-9126
Email: info@myazlawyers.com
Website: https://azfamilylawlawyer.com

Mesa Location:
1731 West Baseline Rd., Suite #101
Mesa, AZ 85202
Office: (480) 448-9800
Email: info@myazlawyers.com
Website: https://myazlawyers.com

Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955

Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450

Avondale Location:
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392
Office: (623) 399-4222

Additional Information at:
Phoenix Bankruptcy Lawyer
Mesa Bankruptcy Lawyers
Phoenix DUI Lawyer
Chandler Bankruptcy Lawyer
Tempe Bankruptcy Lawyers
Vegas Zero Down Bankruptcy Attorney
Gilbert Bankruptcy Lawyers
Tucson Bankruptcy Lawyer
Arizona Zero Down DUI
Las Vegas Bankruptcy Lawyers
AZ Bankruptcy Lawyer