When you think of a domestic violence crime, you probably imagine physical violence: perhaps a person beating his or her significant other, or maybe a parent abusing his or her children. The law, however, does not limit the parameters of domestic violence to physical abuse.
In fact, you might not be aware that telephone harassment is a common form of domestic violence in Illinois. (This includes other electronic communications such as text messages, email, and Facebook messages.) Repeatedly calling an ex-girlfriend or ex-boyfriend could lead to your arrest if you are not careful.
Understanding a Telephone Harassment Charge
You can be charged with telephone harassment if you use electronic communication for any of the following reasons:
- To make an obscene comment with the intent to offend the person on the other end of the communication;
- To abuse, threaten or harass the person on the other end of the communication;
- To repeatedly dial the person’s number with the intent to harass that person;
- To make repeated calls where conversation ensues, with the sole intent of harassing that person;
- To make a call, or knowingly induce another person to make a call to a child under the age of 13 with the intent of harassing that child; or
- To knowingly permit a phone, or other electronic device under your control, to be used for a harassing purpose.
Technology is both a blessing and a curse. For example, you might appreciate the ability to send a daily stream of text messages to an ex but not realize that this is a form of harassment for which you could be arrested. While your intent can make all the difference, actually proving intent can be difficult without an experienced criminal defense attorney.
Would the Law Consider Your Behavior to be Stalking?
Stalking is another oft-forgotten form of domestic violence. In fact, the Illinois statute that governs stalking is so broad that it can turn completely innocent situations into chargeable offenses. For example, a persistent ex who is trying to reconcile with his or her former partner could be charged with stalking, depending on the circumstances. A person commits stalking in Illinois when he or she knowingly engages in conduct directed at a specific person, and he or she knows that such conduct would cause a reasonable person to:
- Fear for his or her safety or the safety of a third person; or
- Suffer other emotional distress.
The law defines “emotional distress” as significant mental suffering, anxiety or alarm. A skilled prosecutor might successfully argue that the persistent ex caused such distress. In that case, the ex could land in jail for two to five years and be on the hook for a $25,000 fine. Of course, the stalking statute also guards against serious threats and punishes offenders who repeatedly follow people or threaten bodily harm. Sometimes, though, that distinction is not important to bitter exes.
A telephone harassment or stalking charge is serious and should not be taken lightly. If you are facing either charge, then you need an Illinois criminal defense attorney who has experience distinguishing between facts and hurt feelings. Contact us today for a consultation. We can assist those in Chicago and the surrounding areas.