What Constitutes Telephone Harassment?

We often get told that someone is being harassed by telephone, but what does that really mean?

There is a great case, Perone v. Texas, which talks all about it in a criminal case context.  An ex-husband was convicted of harassment via telephone and then challenged the conviction based on, among other things, most of the communications were text messages and face time, not the traditional telephone calls.

Main points to see:

  1. The person commits the misdemeanor offense of harassment if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, (1) he causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; or (2) he sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another. (Texas Penal Code 42.07(a).
  2. Text messages fit this definition;
  3. FaceTime fits this definition;
  4. While some messages did relate to parenting logistics, others referred to the ex-husband’s dating and sexual activity and/or criticize his ex-wife;
  5. Intent can be determined by a jury (or Judge in the family law context as the trier of fact);
  6. Intent can be inferred by looking at the acts, words, or conduct of the accused, including the circumstances surrounding the acts;
  7. At least four phone calls in a little over a month were sufficient in a case that the calls were ‘repeated.’ (Blount v. State, 961 S.W.2d 282, 284 (Tex.App.-Houston[1st Dist.] 1997, pet. ref’d).

How does this relate to you?

Be ready to show that the intent fits the required intent (to harass, annoy, alarm, abuse, torment, or embarrass another), and how that actually occurred.  Be ready to show that the calls were repeated.  And be ready to show how it affected you!

 

About CJ.Harding
Chris believes one of the most important aspects of family law is seeing the 'big picture.' This means understanding the law, the facts of your case and the range of possible outcomes. Only after knowing each of those can an attorney convey the risks and potential results and guide you to make the right decision for your case, your life and your family. He understands every person and every case is unique. Chris will advocate for the very best possible result in your case. He has worked on a variety of family law cases, including tracing of assets, property division of estates worth more than one million dollars, international and interstate child custody issues, enforcement actions as well as pre-marital and post-marital agreements. Chris continues to be a student of the Law and helps to educate others by maintaining the "Hot Topics" section of the Firm web site, which features current issues in Texas family law. Topics have included how a bankruptcy can affect child support and the differences between alimony and court ordered spousal maintenance. Chris joined the firm after graduating cum laude from Southern Methodist University Dedman School of Law. During his time at SMU, Chris competed in numerous mock and moot competitions and placed nationally. Chris is a native Texan, growing up in the Houston area and completing his undergraduate studies at the University of Texas at Austin.

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