Threats by Phone

Family Lawyers in Tulsa Discuss Threats by Phone During Divorce

October 6, 2017 3:48 pm

Threats by Phone During Divorce is an absolute no-no in the divorce process. In a divorce, conversations and text messages can often become argumentative and sometimes threatening.  Offensive and obscene language are tale-tell signs of threats by telephone.  This is especially true if the language is in connection with threatening a person’s life.  If you feel you have involvement in threats by phone or other electronic medium in your divorce, let us know. Its important to understand that certain conduct during the divorce process itself can impact the final settlement of the case.

Threats by Phone or Electronic Devices During Divorce

Threats by phone in Oklahoma are illegal under 21 O.S. Section 1172(A).  This statute also includes any other telecommunication devices, such as computers or tablets.  To fall under the jurisdiction of this law, you must meet a list of elements. These are:

– Making contact with someone for lewd or indecent requests.

– Purposefully frightening them or their property.

– Intentionally making them fear injury or death.

Other forms of threats by phone include:

– Anonymously contacting another with intent to harass or annoy them.

– Knowingly allowing another to use your electronic device to perform such actions.

– Conspiring with another to perform any threat by phone or electronic device.

The law further describes under subsection “B” what entails an electronic or telecommunication device.  As a result of this definition, using any electronic device to text, message, send threatening videos or voice messages is illegal.  So, social media or any other device you can communicate on is under this law.

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Legal Consequences for Threats by Phone

Generally, threats by phone are a misdemeanor crime on a first conviction.  However, the implications in a divorce are different.  Threats by phone could be a domestic violence crime.  This will increase penalties and fines greatly.  Any offense beyond a first conviction is a felony.  Felony convictions remain on your permanent record.  In a divorce though, you may face other consequences too.  If you have children with your spouse, then you may lose custody rights.  Some courts may require anger management treatment, or parenting classes in order for you to see your children.

Let Our Family Law Firm Help You

We understand that divorces can become highly contested due to emotional and financial stress.  Let us help you defend yourself.  If your divorce is reaching levels of threats, we can help you navigate the situation and de-escalate the circumstances.  Call 539-302-030 for a Free consultation.