Is texting a violation of a restraining order?
Asked by: Prof. Doug Rempel Sr. | Last update: August 15, 2025Score: 4.5/5 (50 votes)
The individual who is “restrained” is prohibited from contacting the “protected person,” and includes making contact by phone, email, text message, email, social media, and personal face-to-face contact. There are many ways for someone to violate a restraining or protective orders under Penal Code 273.6 PC.
What happens if I text the person I have a restraining order against?
Violating a restraining order in California is a criminal offense, punishable by fines, imprisonment, or both. The penalties for violating a restraining order are outlined in California Penal Code section 273.6, and they can vary depending on the circumstances of the violation and any prior offenses.
Can text messages be considered harassment?
If the content of your text message includes threats of harm, or is sent repeatedly in a manner that causes emotional distress, you could face misdemeanor or even felony charges. A victim can press charges for harassment over text messages. A person can get arrested for sending a text message.
Can text messages be used against you in court?
Yes, text messages can hold up in court if they are authenticated. This involves proving who sent and received the text messages. For example, it might mean showing a screenshot or printout of the text dialogue and identifying the phone numbers associated with the messages.
Is it illegal to text someone without permission?
The major theme of the TCPA is that you must obtain express written consent from people before sending them promotional text messages. Failure to do so can trigger large class-action lawsuits and penalties of $500 to $1500 per text. The good news is that getting consent isn't that hard.
TRUTH About RESTRAINING ORDERS that will SAVE YOUR LIFE
Can you go to jail for messaging 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.
Can someone sue you for texting them?
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.
What states have text messaging laws?
There are 15 states with laws governing consumer solicitation by text message: Arizona, California, Colorado, Connecticut, Florida, Indiana, New Jersey, New York, North Dakota, Oklahoma, Rhode Island, Utah, Virginia, Washington and Wisconsin.
Can deleted text messages be used in court?
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 screenshots of messages be used as evidence?
To ensure that a screenshot is accepted as evidence, it must be proven that it has not been manipulated and is relevant to the case. Even if admitted, the court may not fully trust the evidence if it lacks proper authentication and context.
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.
Can you file a police report for harassment through text?
If you are the victim of harassment via text messages, it is your responsibility to report it to law enforcement as soon as possible. They will likely have you make a report stating all of the facts that you have about the situation.
How to legally tell someone to stop contacting you?
If someone is harassing you, a cease and desist letter may convince them to stop. However, you are not required to send a cease and desist letter before taking legal action.
Can a restraining order stop someone from talking about you online?
A restraining order is a court order requiring a person to do (or not do) certain things. In the context of online abuse, a restraining order prevents the perpetrator from further contacting and harassing the victim.
Do they check phone records for no contact orders?
So yes, there are many ways, in the course of investigation, that your phone records can be obtained. They can't, in advance, track your cell phone though. We can't obtain those rights just because we may anticipate someone violating an order.
Does a text message hold up in court?
Any texts that you write, even if you try to delete them, before or after an arrest may also be used against you in a court of law. The government must have authority to obtain the texts, the texts must be authentic, and the texts must be relevant to the charges filed.
Can police recover deleted text messages?
You may think that when you have deleted a text message, it is gone forever. But that is not actually the case. In many cases, the police are still able to download text messages from your phone, even when you have deleted them.
Can I get a copy of my spouse's text messages?
Your Texting History is Almost Always Accessible
Some people who backed up their text messages to a shared cloud account with their spouse are able to view their spouse's text messages. Logistically, most people have to ask their spouse or their spouse's paramour for the information, or to inspect their cellphone.
Is it illegal to text someone without consent?
In addition to generally being a bad practice, it is also illegal to send unsolicited text messages to people without their consent, and the fines can be heavy. This is why obtaining consent is so important. The penalties for violating the TCPA can be severe.
Are there rules to texting?
Check your spelling, grammar, word choice, and emoji use
One of the most important texting rules is to check your spelling, grammar, word choice, and emoji use. If you're texting from your personal phone, be mindful of autocorrect. This can severely alter the meaning of your text messages in embarrassing ways.
Are my text messages private?
While SMS lacks end-to-end encryption, it still offers some degree of security compared to other forms of communication. For instance, SMS messages are sent over cellular networks, which are generally considered more secure than public Wi-Fi or other internet connections.
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.
Are screenshots of text messages admissible in court?
The case of the United States vs. Michael Avenatti in September 2021 set precedent for the allowance of screenshots of text messages for court as long as they are authenticated in the same way that the actual messages would be.
Are private text messages defamation?
Defamation (libel is defamation in writing) requires making a false statement and publishing (showing to or repeating) the statement to a third person. If the message was a statement about the recipient and you didn't share it with anybody except the recipient, then even if the statement was false, it's not defamatory.
Can the police do anything about harassing texts?
Police are hear to help protect your health, safety, and welfare from these menacing texts. And if you are arrested for sending harassing texts, contact a criminal defense lawyer immediately. Laws against all forms of cyberbullying are being taken increasingly seriously.