Couples used to fall in love by spending time face to face. However, in our current society, many relationships are built behind a screen. More people today spend time “hanging out” before committing to being in an exclusive dating relationship. But what happens when a person’s intentions become misunderstood? In a culture in which people cut each other off from communication without explanation, or “ghost,” when does sending text and email messages turn from innocent communication into stalking?
Perhaps a couple has been hanging out and engaging in a physical relationship and one person decides to pull away. More than ever, one person will “ghost” another person, meaning they suddenly stop responding to messages and other attempts at contact without saying anything at all or giving any reason behind the change. “Ghosting” refers to ending a relationship with someone by suddenly withdrawing from all communication without explanation. The other individual may think that they are still in a relationship and continue messaging over social media, hoping to get together to meet and discuss the relationship further.
Under a New Illinois Law, Unwanted Messages Now Qualify as Stalking
Illinois recently amended its stalking law, referred to as The Stalking No Contact Order Act. The law makes it a crime to stalk another person. Stalking behavior can include some or a combination of all of the following:
- Making unwanted phone calls
- Following a person
- Conducting surveillance
- Appearing at the person’s home, work, or school
- Making unwanted phone calls
- Sending unwanted emails
- Sending unwanted text message
- Leaving objects for the person
- Vandalizing the person’s property
- Injuring the person’s pet
The recent amendment to the law adds sending unwanted messages via social media to the list of behaviors that are considered stalking. The amendments to the law also include changing the definition of “stalking.” Stalking means engaging in conduct directed at the victim that would cause a reasonable person to fear for his or her safety.
Before the amendment, stalking only included conduct that causes fear of your personal safety, or the safety of a third person who may suffer emotional distress. Now, stalking includes conduct that puts a reasonable person in fear of the safety of a workplace, school, or place of worship. This amendment may seem small, but the change broadens the scope of the definition of stalking considerably. Now, authorized agents of a place of employment, an authorized agent for a place of worship, or an authorized agent of a school can file a petition for a stalking no-contact order.
No Stalking Orders in Illinois
The person seeking a stalk no contact order must file a petition in an Illinois court. The petitioner seeking the stalking no-contact order will present his or her case before a judge. The judge will decide whether or not there is enough evidence to issue an emergency order, which will last between 14 and 21 days. When the stalking no-contact order is in effect, any contact from the stalker, including sending messages, will constitute a crime.
If you need to obtain a no stalking order from the Court to protect you or defend against a stalking charge, our criminal defense lawyers can help. Contact Glasgow & Olsson today to schedule your initial consultation.