The crime of domestic abuse in Pennsylvania has a very broad definition. The definition of “Abuse” in the Pennsylvania domestic abuse statute includes a number of different acts, ranging from physically injuring a spouse or partner, to making them fear that they will be injured, to “repeatedly committing acts” towards them that put them in a state of fear for their own safety. As a result, there are many different types of evidence that can be used to prosecute someone for domestic abuse, including text messages.

Text Messages Can Be Used to Harass

One of the legal definitions of “abuse” in Pennsylvania is “knowingly engaging in a course of conduct or repeatedly committing acts toward another person” that “place the person in reasonable fear of bodily injury.” This is where text messages alone can potentially result in prosecution for domestic abuse. It's not unusual to hear stories of people who repeatedly text another person in an effort to intimidate, bother, or upset them. Sending a series of threatening texts to a spouse or partner can easily meet the statute's definition of abuse, even if there was never any violent physical contact between the sender and the recipient.

Text Messages Can Corroborate Testimony About Other Acts

Text messages that discuss the aftermath of a violent encounter between spouses or partners can be used against the defendant to support a claim that the defendant physically injured or assaulted the victim. Courts frequently consider the content of text message exchanges when considering whether a victim's testimony is credible.

Text Messages Can Prove a Violation of a PFA Order

Violating a Protection from Abuse (PFA) Order is a separate crime from the crime of domestic abuse, but it's not unusual for domestic abuse prosecutions to follow after the recipient of a PFA order violates the PFA order's terms. Many PFA orders prohibit the recipient of the order from having any direct contact with the person who requested the order. This prohibition often specifically includes text messages. If the recipient of the order ignores this prohibition and sends threatening text messages to the person who requested the order, those messages may be used to prosecute the sender both for violating the PFA order and for domestic abuse.

What to Do if Your Text Messages Are Being Used Against You

If you find yourself in a situation where you're being prosecuted for domestic abuse or violation of a PFA order due to text messages you have sent to your spouse or partner; you need the help of an experienced criminal defense attorney. You don't want to try to defend yourself in this kind of very complicated and very personal situation. Joseph D. Lento has been representing clients involved in domestic abuse cases in Pennsylvania for years. He and the Lento Law Firm Criminal Defense Team understand how the law and the courts work in Pennsylvania, and they can help you protect your rights in a domestic abuse or PFA order violation prosecution.

Call Joseph D. Lento today at 888.535.3686 or use the online form to set up a confidential consultation with the Lento Law Firm Criminal Defense Team. They are ready to listen and to help.