Are you amidst a contentious divorce? If so, it can get stressful quite quickly. Contentious divorce can be emotionally overwhelming because you and your spouse disagree on the terms and conditions of the divorce. It can bring a lot of stress, worry and pent-up emotions into the equation. The situation can intensify drastically if your ex-spouse is harassing you via text or online communication. However, don’t worry! With the help of professional family law lawyers Barrie, you can take the help of Canadian law to handle this situation.
But what does the law say about harassment through text or online communication? Let’s find out.
Harassment Through Text Is a Criminal Offense
According to Canadian law, if your spouse is harassing you through text, it is a criminal offence. The texts are persistent, emotionally charged, and contain threats that are liable to criminal charges. In fact, in some cases, the court can consider them under “family violence”. You can get a no-contact order and probation in such a situation.
Cyberstalking Is Prosecuted Under Defamatory Libel (Section 298) and Criminal Harassment (Section 264)
Are you being defamed by your ex-spouse on social media? Do you feel your ex-spouse has hacked your social media accounts to post defamatory content online? If so, this is considered cyberstalking and is a criminal offence. Cyberstalking also includes defamatory text messages to you or anyone you know. It can be prosecuted under defamatory libel (Section 298) and criminal harassment (Section 264) in Canadian law. Your Barrie family lawyers can guide you in tackling this situation better.
Online Harassment
This type of harassment first came into consideration in a 2021 case where a woman used social media to defame and harass her employers and their families using false information and allegations. Although this wasn’t a divorce case, the court recognized that this type of harassment requires tighter regulations beyond traditional defamation law. So, Canadian law states that “online harassment” is considered when one party uses social media to post information about the other party recklessly and maliciously with the intent to defame or forge false stories online. This tort can be implemented in relevant family law cases, too.
Conclusion
A contested divorce is worrisome. However, if you are getting harassed by your ex-spouse through text or online, you can take legal action per Canadian Law. At Owen & Associates Law, we can help you navigate this situation efficiently.
In addition to family law cases, we also have estate lawyers Barrie, child custody lawyers, divorce lawyers, and more to handle a broad range of cases. Call us now to find out more.