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What constitutes harassment in text messgaes & can I file a charge?

Syracuse, NY |

My ex husband & his wife keep sending me text messages regarding our 2 older children, ages 17 & 14. My ex has not been involved with his younger son barely at all. Now that I am 6 months pregnant & demanding that he have contact with his son as it is effecting the way my son is acting out, they keep sending me nasty text messages. HIs wife sent me a message saying I was a horrible mom, that now that I have a baby on the way I am throwing away my other children, that I will end up beating my new child, etc. These are untrue statements & are very disheartening to me. Could I file a harassment charge against her? If so, what will come of it? Can I file a restraining order against them?

Attorney Answers 2


  1. I am licensed to practice in Florida, but there are probably similar laws in NY that would be applicable to your case. In Florida, there are laws protecting against harrassing phone calls, as well as stalking. Repeated harassing and/or threatening text messages could potentially be considered criminal behavior under these statutes. If you wish criminal charges to be brought against them, you should contact law enforcement, and the local prosecutor's office to see if they believe that these communications rise to the level of criminal behavior.


  2. If they are repetitiive or serve no legitimate purpose you can accuse themof Aggravated Harassment. Many criminal cases are coming about now due to repeated threatening or harmful text messages. Go to your local precinct and fill out a complaint report. You can also go into Family Court and file for an Order of Protection if you don't want to have them arrested.

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