Can you put a restraining order on someone for texting you?
Asked by: Maya Bode | Last update: November 1, 2025Score: 4.3/5 (27 votes)
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.
How many texts are considered harassment?
When you keep sending repeated text messages, it can count as harassment. Keep in mind, though, that there are some exceptions. For instance, a friend of yours asking if you're okay may send repeated messages if you're not answering. Naturally, this would not be considered harassment.
Do restraining orders work for text messages?
Restraining orders can cover various forms of communication, including in-person contact, phone calls, emails, and, in some cases, text messages.
How to get someone to stop texting you legally?
You could send a cease and desist letter or hire an attorney to act on your behalf. Another option here would be to apply for a civil restraining order.
Can you take someone to court over text messages?
Yes, text messages can hold up in court if they are authenticated. This involves proving who sent and received the text messages.
5 Strong Defenses for Restraining Orders Based on Text Messages
Can you file harassment for texts?
What Conduct Is Considered Telecommunications Harassment? The law does not just prohibit individuals from sending harassing, threatening, or abusive text messages. It also makes various other types of conduct involving telecommunications devices illegal.
Can you sue someone if they keep texting you?
If you are being bothered by unsolicited spam text messages, you can take legal action. Under the Telephone Consumer Protection Act (TCPA), you may be eligible for compensation of $500 to $1500 per unsolicited text, which can be trebled if the violation is knowing, willful, or intentional.
Can you go to jail for texting someone?
If the recipient of the message feels threatened or intimidated, the sender can face charges for making criminal threats. Criminal threats refer to verbal or written threats that cause another person to fear for their safety. Such charges can lead to fines, probation, and even imprisonment.
How to deal with someone who keeps texting you?
- Block them.
- Ignore them.
- Tell them you're busy.
- Make an excuse.
- Reply with an error message.
- Confront them.
- Change your number if you're being harassed.
- Contact the police if you feel unsafe.
Can you file a police report if someone keeps texting you?
Harassment does not have to be threatening to be "harassing." It can take the form of abusive messages or text message "spam." Regardless of the situation, it is not legal nor justified, and you have the right to take action.
Can I get a restraining order for texting my ex?
The formal name and fine print of restraining orders varies from state to state but the basic idea is the same: a judge issues an order to an abuser to stay away from and not contact their victim (including via text) who the abuser is harassing, abusing, threatening, stalking, or physically hurting.
Is it legal to text someone without their permission?
The biggest thing is you can't just send unsolicited text messages to anyone. You need that express written consent—people have to opt-in to the messages you're sending. That means you can't just take a list of cell phone numbers, import them, and send out text messages. You need a real-time opt-in process.
Are text messages considered protected information?
Does the text message contain information that is protected by HIPAA? Even when a text message is sent by a HIPAA regulated entity via SMS, it is not a HIPAA violation if the content of the message does not contain information that is protected by HIPAA.
Can I report a phone number to the police for harassment?
Report to the Police
You may be able to help the police by providing documentation of the harassment. Keep in mind that this documentation is a piece of evidence that may show that a crime has occurred. The police will need to do their own investigation as well.
How many times can you contact someone before it's harassment?
Just one unwelcome call can be harassing, though a single misdial or "wrong number" call might not rise to the level of harassment. It's a good idea to tell the recipient of such a call that you accidentally misdialed the number. People who commit telephone harassment are subject to fines, prison, or both.
Is it illegal to contact someone who blocked you?
Be aware of the consequences.
If you continually call someone who doesn't want to be called, it may be grounds for them to take legal action against you. If it happens often enough, it may constitute harassment. This person could take out a restraining order and make it illegal for you to contact them, period.
Is it harassment if someone keeps texting you?
In fact, the text messages or other unwanted communications do not have to be specifically threatening in any way to constitute harassment. So long as the contact is unwanted, the text messages qualify as harassment.
How to legally get someone to stop contacting you?
If you are being harassed, you may want to contact the police or go to the courts for a temporary restraining order. You also may want to enlist legal counsel since an attorney will be familiar with the harassment laws in your state and could help you get that restraining order.
Is texting someone everyday unhealthy?
Excessive Texting
For instance, texting non-stop could indicate that one partner is clingy and needy or that they are feeling insecure in the relationship. While this is harmful to the person doing the excessive texting, it can also be smothering to the person on the receiving end.
Can I sue for harassing text messages?
If you are intentionally harassed and suffer extreme emotional distress, you may be able to bring a claim for intentional infliction of emotional distress under state law. If you just want the harassment to stop, you may be able to petition a state court for a harassment restraining order or an order for protection.
What can the police do about harassing texts?
In cases where the police determine that intervention is necessary, they may request telephone records from mobile phone companies to trace the source of the harassing texts and reveal the identity of the antagonist. However, obtaining these records typically requires legal permission, and the process can take time.
What kind of text messages are illegal?
In addition, the CTIA established the common short code system, which is how the majority of businesses send marketing text messages to their customers and prospects. The CTIA also says any messages that contain words relating to sex, hate, alcohol, firearms, or tobacco (SHAFT) should not be delivered.
Can screenshots of text messages be used in court?
Just like social media posts, screenshots of text messages can be used in court, but face similar challenges regarding authentication. Without the original metadata and context, proving that a screenshot is an accurate and unaltered representation of the original message can be difficult.
Can deleted text messages be subpoenaed?
Deleted text messages can potentially be subpoenaed, but the success of retrieving them depends on various factors. When a text message is deleted, it may not be immediately removed from the phone's system and could still be recoverable.
Can a text message be slander?
Text messages usually fall under libel since they're written, while slander is spoken. But here's the tricky part: legal definitions can differ depending on your location. In some places, private texts might be seen as slander, but if they become public, they definitely count as libel.