You and your ex split up. You just wanted to talk to them, but now they’ve filed for an order of protection. You thought you were making a few innocent phone calls. They claim you’re harassing them.
How do you know when your actions have crossed that line? What can you do?
The definition of harassment can be very fact specific, but here are some guidelines:
Illinois domestic violence law defines “harassment” as knowing conduct which is unnecessary to accomplish a reasonable purpose, and which would and does cause a reasonable person emotional distress. The following is presumed to be harassment:
- creating a disturbance at the victim’s place of employment or school;
- repeatedly telephoning their place of employment, home or residence;
- repeatedly following the victim about in public;
- repeatedly surveilling the victim by remaining outside their home, school, place of employment, vehicle or other place that they occupy or by peering in their windows;
- threatening or attempting to remove or conceal the victim’s minor child;
- threatening physical force, confinement or restraint one or more times.
See 750 ILCS 60/103
Because the definition of harassment is so fact specific, different judges may see the facts of your case very differently. Even though the above behavior is presumed to be harassment, you may be able to convince the judge otherwise. Would a reasonable person have been distressed by your calls? Did you knowingly follow the petitioner to work or were you simply travelling to your own job? Did you threaten to remove the minor child because the petitioner was endangering him or her? How does the judge define the word repeatedly? An experienced attorney can help present your case to your judge in its most favorable light.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
