Understanding the Criminal Justice System
Texting and emailing threats
These days, nearly everyone has access to a computer and the Internet. Many people even carry around smartphones that give them instant access to email, text, and social media. This technology certainly makes life easier, but it can also lead to trouble.
Before email and text, it was a bit more difficult to let another person know you were angry with him. In the old days – when communication was much more limited – firing off an angry letter took time, which forced most people to cool off and think twice about directing threatening or harassing words toward another person. Today, though, instantaneous communication makes it possible to interact with another person in real time – and it’s not always a good thing.
In Indiana, sending threats and harassing messages to someone via email or text can result in criminal charges for harassment or stalking. You can be charged with harassment if you send a text or email with the intent to harass, annoy, or alarm the recipient. Stalking is a more serious charge that involves knowingly or intentionally engaging in the repeated harassment of another person that causes the person to feel frightened, intimidated, or threatened.
It’s easy to see how a dispute between neighbors, divorcing spouses, or coworkers could quickly escalate into a heated exchange that gives rise to criminal charges. For example, a husband caught up in a contentious divorce might text his wife about seeing the couple’s children that weekend. When the wife sends back a text denying the visit (along with a few derogatory comments), the husband might get incensed and start rapid-fire texting responses. As the two become increasingly agitated, the texts become threatening. A few days later, the husband is served with an Order of Protection the wife failed to gain leverage in the divorce and custody dispute.
Suddenly, he is prevented from seeing his children or even communicating with his wife to inquire about the kids’ welfare. This type of restraining order is susceptible to false allegations that can make life extremely difficult for the person accused of stalking or harassing another person. Because text messages and emails can be easily preserved and presented as evidence, defendants often face an uphill battle to get a protection order dismissed and their rights restored. This is why it’s important to work with an experienced criminal defense attorney if you are the victim of a wrongful protection order.
It’s important to stay calm and to think before you let your fingers type you into a bad situation. Think before you text, email, or communicate via social media. If you have been charged with harassment or stalking, call today to discuss your case. Call Razumich Law, P.C. at 317-989-1129 for a free consultation.
