Connecticut Criminal Lawyer Blog
Accused of Harassment Over Text Messages? Here’s what it means.
Most people accused of harassment by text aren’t “criminals.” They’re regular people caught in an emotional moment — after a breakup, during a stressful custody dispute, or on a night when anxiety boiled over. I tell clients this all the time: you are not alone, and this one incident does not define you. There are defenses, and there are ways to protect your record.
The Law in Plain English
Connecticut has broad harassment statutes. Harassment in the Second Degree (C.G.S. § 53a-183) is the charge I see most often in text cases. It generally involves sending repeated texts, calls, or electronic messages with the intent to harass, annoy, or alarm another person.
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Class C misdemeanor — up to 3 months in jail, probation, and a fine.
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Harassment in the First Degree (C.G.S. § 53a-182b) — less common, but more serious (Class D felony) in certain circumstances.
The key issue isn’t just what the words say — it’s whether the State can prove intent beyond a reasonable doubt.
When Police Give You a Warning Call
If an officer calls you and says, “Stop contacting this person,” that’s your chance to avoid an arrest. Yes, it’s upsetting to get that call. But it’s a line in the sand. If you stop immediately, you often avoid the case getting worse. If you send even one more “just to explain” message, you can expect to be arrested for Harassment, 2nd degree.
Quick rule: Never text back after a police warning. Not even “okay.”
Real-World Examples
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A parent in a custody dispute, scared about missing time with their child, sends too many messages in one night.
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Someone going through a breakup fires off emotional late-night texts and regrets it in the morning.
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A neighbor dispute spirals into a string of angry texts about parking or noise.
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A young adult under peer pressure may not realize how persistent messages can be interpreted.
These aren’t hardened criminals. These are human situations where feelings ran high and messaging got out of hand.
What To Expect If You’re Charged
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Arrest or summons: Police review screenshots and either arrest you or issue a notice to appear.
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Protective order risk: At the first court date, judges often issue a criminal protective order limiting or banning contact.
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Domestic violence docket: If the parties are family or dating partners, the case often goes to the DV docket.
Important: A protective order can carry harsher consequences for violation than the original harassment charge, so taking it seriously from day one is essential. With the right approach, orders can often be modified over time.
Defenses in Harassment-by-Text Cases
A lot of clients say, “The texts are right there — what defense do I have?” More than you think:
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No intent: Messages sent for legitimate reasons (child exchanges, bills, logistics, emergencies) weigh against an intent to harass.
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No “course of conduct”: One heated text usually isn’t enough. Prosecutors typically need a pattern.
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Context matters: Screenshots can be incomplete or misleading. Co-parenting messages mixed with one emotional text are not the same as a campaign of harassment.
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Insufficient proof: Who sent it, when, and the full conversation thread all matter.
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Free-speech boundaries: Rude or insulting language alone isn’t automatically a crime; the State still has to prove intent.
My job is to show the bigger picture — that you’re not a harasser, you’re a human being who had a bad moment.
Diversionary Programs That Can Help
Accelerated Rehabilitation (AR) Program
For many first-time offenders, AR is a path to a clean slate. If granted and completed (often with conditions like counseling or community service), the case is dismissed and erased. It’s discretionary, and the presentation to the court matters.
Family Violence Education Program (FVEP)
When the case involves spouses, partners, exes, or family members, courts may route you into FVEP. Successful completion usually results in dismissal and erasure. Which program is more appropriate depends on the relationship, the history, and any protective orders.
Practical Advice
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Stop all contact the moment police are involved.
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Don’t explain yourself to the accuser — it often makes things worse.
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Preserve your evidence: Save texts, call logs, and the whole conversation thread.
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Speak to a lawyer quickly so your side of the story is heard the right way and early.
FAQs About Text-Based Harassment in Connecticut
Can one angry text get me arrested?
Usually not by itself, unless it’s genuinely threatening. Prosecutors typically look for a pattern or clear intent to harass.
What if the other person texted me first?
That context matters. Reasonable replies about legitimate issues can undermine the State’s claim that you intended to harass.
Will this go on my permanent record?
A conviction would. But many first-time offenders can resolve cases through AR or FVEP, leading to dismissal and erasure.
Does a protective order mean I can’t text at all?
Correct. Any contact — even “hi” — can trigger a new arrest for violating the order.
Can old texts be used against me?
Yes. Saved texts can be used regardless of age. Full context still matters.
What happens after a police warning call?
If you keep messaging after the warning, an arrest is likely. Stopping immediately is the safest move.
Is text-based harassment considered domestic violence?
Often, yes, if it involves spouses, partners, exes, or family members. That usually means DV docket handling and potential program options like FVEP.
Could I go to jail?
Technically, Harassment 2nd carries up to 3 months. In practice, with clean history and good advocacy, many cases end in diversion or dismissal.
Can I apply for the AR Program?
Often, yes — especially with little or no record. Granting AR is discretionary; strong preparation helps.
What if I need to communicate about kids or bills?
Have your lawyer set up safe, documented, narrow-purpose communication channels so necessary logistics can continue without violating orders or fueling the case.
A Better Way Forward
Getting arrested over texts is scary and embarrassing — but it doesn’t make you a criminal. It means you’re human, and you had a difficult moment. Connecticut’s law is broad, but so are your defenses. With steady guidance, these cases can be managed, reduced, or erased.
📞 Call Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 for a confidential consultation or use my online contact form. Let’s take control of the situation and start putting this behind you.
