Understanding Online Abuse: Online Harassment and Cyberstalking

The rise of social media and virtual communication inevitably gives people a new way to stalk or harass. Sometimes persistent contact online can be an issue before, during, or after a romantic or familial relationship. If your ex-partner continually contacts you and makes you feel unsafe, scared, or helpless, there are multiple precautions you can take to ensure your safety.

Before you file any court documents or even contact an attorney, it is important to call the police and file a police report. When it is time to contact an attorney, you can provide them with credible and compelling evidence of your claim. If the harassment is still persistent after one or more police reports, you should resort to court filings.

Civil Order of Protection

Civil orders of protection protect the filing party from “abuse, neglect, or exploitation,” which includes online harassment, stalking, and other invasions of personal liberty such as hacking. 750 ILCS 60/214. Orders of protection can only be filed against “household members,” like spouses, parents, children, stepchildren, and other people related by blood from past or present marriages. 750 ILCS 60/103(6)

Orders of protection safeguard the filing party by (1) distance, and (2) a no contact policy. The no contact provision applies to all forms of contact, including online harassment like constant text or social media messages. An order of protection can stop the respondent from contacting the filing party and even additional third parties like your employer.

Civil or Stalking No Contact Order

If you are experiencing online harassment from a third-party, such as an ex’s new partner, you may file a civil or stalking no contact order. Civil no contact orders operate in the same way as orders of protection, as they restrict distance and contact, but are unique because the petitioner and respondent do not need a current or prior relationship. This is a good option when your ex’s friend, new partner, or another third party consistently contacts you via text, email, or social media.

In cases of online stalking, hacking, and the like, you can file a petition for a stalking no contact order. To provide more detail, you can also add an addendum to explain the online conduct. If the respondent has made you feel unsafe through persistent online contact or posts targeted at you, an addendum could be helpful in strengthening your request for an order.

If a violation of these orders occurs, the Illinois Court made clear that they may “[extend] the order of protection, because petitioner testified that respondent had contacted her numerous times on the Internet. Stapp v. Jansen, 2013 IL App (4th) 120513, P1, P7). That said, online harassment is a viable basis for extending orders of protection.

Recent legislation

As the technology becomes more prevalent in our lives, legislation tries to keep up. Recently, 2023 Ill. HB 3289 amended 720 ILCS 5/12-7.5, which governs criminal cases of cyberstalking and emotional distress. Although the statute describes five ways to commit cyberstalking, the main way is when a person uses electronic communication directed at a specific person and they know or should know that would cause a reasonable person to (1) fear for their safety or for that of someone else, or (2) suffer other emotional distress. 720 ILCS 5/12-7.5(a)(1)-(2).

Cyberstalking in Illinois is a class 4 felony on a first offense and a class 3 felony on a subsequent conviction. 720 ILCS 5/12-7.5(b). Cyberstalking is a criminal charge, which is entirely separate from a civil proceeding in the domestic relations division. These issues are outside our scope of service, but we have trusted criminal attorneys we refer to that handle cyberstalking matters.

The Law Office of Erin M. Wilson understands the frustrations and fears that come with persistent online contact or cyberstalking. We have extensive experience in various types of protective orders and would be happy to assist you achieve lasting safety. Contact The Law Office of Erin M. Wilson LLC at (312) 767-4220 for a complimentary consultation.

NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.