How Do Text Messages Impact Harassment Orders?
July 10, 2025
Over the last two decades, we’ve watched how smartphones and digital records have transformed legal disputes. What used to be a case built solely on witness testimony or physical confrontations now often involves pages of digital communication, including screenshots, timestamps, emojis, and even deleted messages recovered from a backup.
As someone who's tried hundreds of cases and worked on both sides of the courtroom, I understand how harassment claims are interpreted under Massachusetts law.
In cases involving restraining or harassment orders, text messages can either help or hurt a client’s position, depending on the content, context, and consistency with the rest of the evidence.
How Massachusetts Defines Harassment
To understand how text messages influence these proceedings, we first have to consider how Massachusetts defines harassment. Under Chapter 258E of Massachusetts General Laws, a person can seek a harassment prevention order if they’ve experienced:
Three or more acts of willful and malicious conduct
Behavior aimed at a specific person
Actions that cause fear, intimidation, abuse, or damage to property
This is different from domestic violence-related restraining orders, which apply when the parties share a household or family connection. Harassment orders can be sought against acquaintances, coworkers, neighbors, or even strangers. And increasingly, they’re sought based on what’s been said or implied through text messages.
Because harassment doesn’t require a physical act, digital evidence like texts can meet the threshold for intimidation or fear, even without in-person contact. That’s one reason why judges weigh text messages so heavily when deciding whether to issue an order.
How Courts Evaluate Text Messages as Evidence
Text messages have become one of the most common forms of evidence in harassment cases. But not every message carries the same weight. Courts evaluate these messages through a number of legal lenses.
They often consider:
The content of the message: Was it threatening, obsessive, abusive, or harassing?
The frequency of communication: Did the sender continue despite being asked to stop?
The timing of the messages: Were they sent late at night, during work, or at odd intervals?
The tone and context: Was the message joking, angry, apologetic, or manipulative?
The history between the parties: Did the messages come after a breakup, dispute, or confrontation?
One of the advantages I bring to harassment cases is knowing how judges read this kind of evidence. As a litigator with experience on both the defense and prosecution sides, I prepare our clients by reviewing each message line by line. We look for inconsistencies, tone shifts, and patterns that can either prove or discredit the claim.
When Text Messages Cross the Legal Line
Not all persistent or unwelcome communication rises to the level of legal harassment. People sometimes confuse being annoyed with being threatened. However, Massachusetts courts apply a specific legal standard.
Text messages can support a harassment order if they:
Include threats of violence or harm
Convey sexually explicit or graphic content
Repetitively contact someone who’s asked for no further communication
Display obsessive or stalking behavior
Reveal an intent to cause distress
For instance, a single rude message isn’t likely to result in a harassment order. But if someone sends dozens of angry, threatening texts in the span of a week, especially after being told to stop, a judge may consider that enough to issue protection.
We’ve represented clients on both sides of this issue. When seeking an order, we work to gather every relevant message and show a consistent pattern. When defending against one, we break down the full conversation, highlight mutual exchanges, and point out messages taken out of context.
How Screenshots and Metadata Play a Role
Text message screenshots are the most common way this evidence is submitted, but screenshots alone don’t always tell the whole story. The court may also consider:
Metadata: Information that shows when, where, and how the message was sent
Deleted messages: Which can sometimes be recovered with a subpoena
Phone records: Showing call logs and timestamps
Social media overlaps: Messages that continue on platforms like Facebook, Instagram, or Snapchat
When we prepare for harassment hearings, we often request full message histories, not just curated screenshots. The context matters, especially when accusations are based on a few isolated statements. Many times, the messages were mutual, or the recipient initially welcomed the contact. When that's the case, the court may not see the messages as harassment, but rather as a communication breakdown.
Text Messages After an Order Is Granted
Once a harassment prevention order is in place, any form of contact—including text messaging—can be considered a violation. This is where many people make critical mistakes.
A single message that says, “Can we talk?” or “Please leave me alone” can lead to:
Criminal charges for violating the order
Arrest and potential jail time
Use of the message as evidence in a future hearing
Loss of credibility or legal standing in related cases
Even messages sent through third parties or anonymous numbers can be traced and used in court. We make sure our clients understand that once a harassment order is issued, silence is the only legal option. That advice can be difficult to hear when emotions are high, but it protects you in the long run.
Using Text Messages to Defend Against False Claims
Unfortunately, harassment orders are sometimes sought in bad faith. We’ve seen text message evidence twisted to support claims that don’t reflect the full story. When that happens, we gather the entire conversation history and piece it together in a way that highlights:
The mutual nature of the exchange
Consent or a welcome tone from the accuser
The absence of threats, coercion, or malice
Screenshots taken out of order or edited
Since we know most of the judges and court officers in Western Massachusetts, we’re able to anticipate how specific courts tend to view these cases. That understanding helps us prepare defenses that not only meet the law but also respect the court’s expectations.
What to Do if You're Involved in a Harassment Case
Whether you’re seeking a harassment order or defending against one, the way you handle text messages can shape your entire case. If text messages are part of your situation, we recommend taking the following steps:
Stop all communication: If you've been told to stop texting someone, stop immediately. Continued contact only makes the situation worse.
Preserve all evidence: Don’t delete messages, even if they make you look bad. Full context is often your best protection.
Organize screenshots clearly: Include dates, timestamps, and recipient names.
Don’t alter or edit messages: Courts often detect manipulation, and altered evidence can backfire.
Talk to a lawyer: A lawyer who understands harassment laws and court procedures can help guide you through what evidence is most persuasive and what could hurt your case.
Whether you're seeking protection or protecting your reputation, we’ll work with you to create a clear, fact-driven presentation. We've seen both sides of the courtroom, and we know how to present a case that resonates with judges.
How We Prepare Clients for Court
Every harassment case we take starts with a careful review of the evidence, especially text messages. We sit down, read the full message history, and prepare a strategy. For those filing the order, we help prepare the narrative and paperwork that aligns with the law. For those defending, we prepare rebuttals that highlight reasonable doubt and context.
In court, we:
Highlight patterns that support or undermine the harassment claim
Challenge gaps in the accuser’s evidence
Prepare clients to testify clearly and calmly
Focus on the intent behind the messages
Push back on emotionally charged language with facts
Whether it’s the third hearing of the day or the last one before lunch, we understand how judges make their decisions. That experience is often the difference between an order being granted or denied.
Speak to a Lawyer Today
Text messages are often at the center of harassment cases, and how they're presented can make or break your case. At the Law Office of Joseph M. Pacella, we bring decades of courtroom experience and local knowledge to every matter. We serve clients throughout Springfield, Massachusetts, and across Western and Central Massachusetts, including Northampton, Westfield, Amherst, and Palmer.