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 helpful for parents who share custody but 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. Some judges prefer text messages 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 the 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 update the children, their grades, and activities. Again, there is a written history of communication when e-mails are being used.

Order Of protection & Restraining Order

On the other hand, if someone is sending threatening text messages and you are legitimately fearful for your safety, 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 err 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 to get an order of protection or protection order granted. Contacting an Arizona family law attorney may help determine 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 in 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.

The Purpose Of Restraining Orders

Restraining orders have different purposes. One of them is to offer immediate protection to victims of harassment or abuse to ensure their safety and well-being. These orders establish a legal framework that defines the limits and expectations for the alleged abuser so that they cannot continue abusing or harassing the victim.

Additionally, restraining orders can help victims get a better sense of empowerment and peace of mind, knowing that there’s a current legal measure to protect them. 

While restraining orders are usually associated with physical contact or in-person harassment, they can also extend to other methods, including texting. Nonetheless, as we stated before, to obtain a restraining order for texting, you must demonstrate that the messages represent a real danger regarding harassment, stalking, or threats. 

You can contact an Arizona family law attorney for more help with restraining orders. 

Steps To Obtain a Restraining Order For Texting

If you’re receiving threatening, harassing, or unwanted texts that make you feel unsafe and wish to pursue a restraining order, here are some general steps to consider:

Consult a Lawyer

Seek legal guidance from a lawyer specialized in family law or domestic violence. They can give you valuable information and help you understand the available legal options.

Gather Evidence

Save all relevant text messages, screenshots, call logs, and any other communication that shows harassment, threats, or stalking. Make sure to back up your phone to store the evidence.

Visit The Courthouse Or Legal Website

Head to your local courthouse or visit your state or county’s court website to find and download the proper forms. These typically include a request for a restraining order, a declaration of facts, and sometimes a notice to the other party.

Complete The Corresponding Paperwork

Fill out the requested forms for your case. Remember to be specific about the texting behavior and how it has affected you. Once completed, file them with the court clerk. 

Request a Temporary Restraining Order (TRO)

You may request a Temporary Restraining Order (TRO) to provide immediate protection while you wait for a court hearing. After reviewing your petition, a judge may issue the TRO if they determine there is a credible threat of harm or violence. If granted, the order typically takes effect right away and remains in place until the scheduled hearing.

Attend The Court Hearing

The court usually schedules the hearing within a few weeks. Be prepared to present your evidence and explain how the text messages have impacted your safety or well-being. The other party will also have a chance to respond.

Receive The Judge’s Decision

If the judge grants the restraining order, it may remain in effect for several months to years, depending on your state’s laws. You’ll receive certified copies, and the person named in the order will be officially served.

Contact a Family Law Attorney For More Information

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

FAQs

• Can Someone File A Restraining Order For Texting?

Yes. If the texting includes threats, harassment, stalking, or causes emotional distress, the person can request a restraining order to stop the behavior.

• Is texting a form of harassment?

Not necessarily, it all depends on the type of text. Repeated, unwanted, threatening, or abusive texts may legally qualify as harassment, especially if they cause fear or emotional harm.

• Is It Harassment To Text Someone Who Blocked You?

Yes. Trying to bypass a block to continue contact may be seen as intentional harassment and could be used as evidence in court.

• Can A Restraining Order Stop Someone From Talking About You?

Not always. A restraining order can stop direct contact and threats, but limiting what someone says about you publicly may require a separate legal action, like a defamation case.

• How To Get A Restraining Order On Someone?

Gather evidence, complete the proper court forms, file them at your local courthouse, request a temporary order if needed, and attend the hearing where a judge decides on the final order.

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