Divorce in the digital age can bring hidden threats. In fact, digital harassment is on the rise – a 2023 Illinois Coalition Against Domestic Violence report noted a growing number of divorce cases involving electronic surveillance, cyberstalking, or coercive control via social media.
These digital tactics often escalate as relationships deteriorate, complicating the legal and emotional aspects of separation. For many Illinois residents, online harassment by a spouse or ex-spouse turns a difficult separation into a traumatic experience.
At Anderson Boback & Marshall, we understand the complexity and emotional weight of digital harassment in divorce – and we’re here to help you protect yourself and your family.
What Is Digital Harassment in the Context of Divorce?
Digital harassment refers to the use of electronic communication, such as texts, emails, social media messages, or digital surveillance, to threaten, intimidate, or control someone. In divorce, it can escalate as emotions run high.
Common examples include:
- A spouse logging into an iCloud account to read private messages
- Sending dozens of threatening texts per day
- Monitoring your social media activity to manipulate custody negotiations
- Publicly sharing private images or defamatory content online
This behavior isn’t just invasive. It’s illegal.
Types of Digital Harassment During Divorce
Harassment takes many forms. Some of the most common include:
- Cyberstalking: Repeated, unwanted monitoring of your digital life
- Doxxing: Sharing private information online to harm your reputation or safety
- Online Defamation or Revenge Posting: Posting false, damaging claims on social platforms
- Threatening Digital Communication: Aggressive or coercive messages through email, text, or apps
These tactics are not only emotionally distressing, they may carry legal consequences under Illinois law. For example, cyberstalking and doxxing may serve as grounds for emergency protection orders, especially when they impact custody evaluations or safety concerns.
In court, these behaviors can be used to establish patterns of intimidation or control, bolstering arguments for supervised visitation or limitations on digital communication. Judges may also scrutinize whether such behavior violates temporary restraining orders or court-mandated communication boundaries.
Digital harassment hurts—know your rights. Our divorce lawyers team can help
The Legal Implications of Digital Harassment in Illinois
Illinois law protects victims of digital harassment. Under 720 ILCS 5/12-7.5, cyberstalking is a criminal offense. It includes electronic communication intended to harass, intimidate, or cause emotional distress.
Legal protections may include:
- Orders of Protection: Civil court orders that restrict digital and physical contact
- Police Investigation & Charges: In severe cases, cyberstalking may be prosecuted criminally
- Divorce Consequences: Judges can consider digital abuse when ruling on custody, parenting time, or even alimony
Source: Illinois Legal Aid
How to Protect Yourself from Digital Harassment During Divorce
📣 If you’re feeling overwhelmed or fear digital surveillance, contact Anderson Boback & Marshall now for legal guidance grounded in strategy and care.
Practical steps can drastically improve your safety and your case.
Actionable advice includes:
- Change all passwords, especially on shared accounts
- Disable shared cloud services (e.g., iCloud, Dropbox)
- Turn off GPS/location tracking on all devices
- Save and document every harassing message, including dates and screenshots
- Limit social media access and postings to avoid exposure
- Log out of any devices that may be left at home which are linked to your phone (i.e. tablet, smart watch, etc.)
If you’re unsure whether you’re being monitored, speak with your attorney immediately. At Anderson Boback & Marshall, we help clients take practical steps like checking for unfamiliar devices linked to shared accounts, reviewing login histories on cloud services, and disabling unnecessary app permissions.
In more serious or complex cases, we may also recommend consulting a digital privacy technician or using in-phone settings to detect tracking apps. We can also request protective orders that limit digital contact and safeguard your online privacy. We can also recommend services which can sweep a private residence and vehicles for electronic surveillance devices.
How Digital Harassment Can Affect Divorce Proceedings in Illinois
Digital abuse isn’t just a personal issue. It can affect key elements of your divorce. Judges may consider harassing behavior as evidence of:
- Poor parental judgment, affecting custody or parenting time
- Violation of temporary orders, which may influence final rulings
- Credibility issues, particularly if harassment undermines court processes
Example: In Cook and DuPage Counties, courts have in multiple cases restricted unsupervised parenting time for spouses who engaged in persistent digital harassment, such as sending dozens of abusive texts or using children’s devices to monitor the other parent. Judges view this behavior as evidence of poor judgment and emotional instability, which can compromise a child’s well-being.
Legal Actions You Can Take Against Digital Harassment in Divorce
If you’re being harassed, don’t wait, there are concrete legal actions you can take:
- File for a Civil Order of Protection under Illinois law
- Request emergency protection in divorce court
- Report cyberstalking to local law enforcement
- Submit digital evidence (screenshots, messages) in court to support your claims
Our team at Anderson Boback & Marshall can help you document, present, and act on this evidence, fast.
Protecting Your Children from Digital Harassment in Divorce
When children are involved, digital abuse creates unique vulnerabilities that Illinois courts take seriously. Parents should consider:
- Regular device checks for monitoring apps on children’s tablets or phones
- Requesting specific language in parenting agreements that prohibits using children’s devices as surveillance tools
- Filing for modifications when a child has been exposed to harassment through shared devices
- Speaking with school administrators when necessary to limit digital access during custody exchanges, Illinois courts treat child-related digital endangerment seriously and may issue specific restrictions in parenting plans, including requirements that all communication occur through monitored parenting apps when digital harassment has been established.
Seeking Professional Help: Lawyers and Digital Security Experts
Digital harassment requires a legal strategy and tech savvy. At Anderson Boback & Marshall, we work with clients to gather relevant digital evidence, including screenshots, message logs, metadata, and device access records.
In more complex cases, we may work with trusted IT specialists or digital privacy professionals to help clients understand if their devices or accounts have been compromised. These individuals, often former cybersecurity professionals or legal tech experts, can help trace suspicious activity, identify potential spyware, or retrieve deleted messages.
This information can be critical in high-conflict custody or misconduct disputes. At Anderson Boback & Marshall, we:
- Coordinate with forensic experts to identify device or account breaches
- Draft targeted court motions that include digital protection clauses
- Provide litigation-ready documentation to help you make your case
Don’t wait to protect yourself or your children from online abuse.
Frequently Asked Questions About Digital Harassment in Illinois
What counts as digital harassment in a divorce?
Digital harassment includes any unwanted electronic communication — texts, emails, social media messages — intended to intimidate, control, or cause emotional distress. It also includes unauthorized access to devices or accounts, like reading private messages or tracking your location without consent. Courts take these actions seriously, especially if they escalate during legal proceedings.
Is digital harassment illegal in Illinois?
Yes. Illinois law classifies cyberstalking and online threats as criminal acts under 720 ILCS 5/12-7.5. This includes repeated or threatening digital communication that causes fear or emotional harm. Victims can seek both criminal charges and civil protection orders.
Can digital harassment impact my divorce case?
Yes, and significantly. Judges may weigh a spouse’s digital behavior when deciding on parenting time, custody, or even financial orders. Harassing messages can hurt a parent’s credibility, suggest emotional instability, or violate standing court orders — all of which affect final outcomes.
What legal steps can I take if I’m being harassed digitally by my spouse?
If you’re experiencing digital harassment, such as unwanted messages, account breaches, or online threats, there are legal actions available. You may be eligible to request a civil Order of Protection through the family court, which can specifically restrict digital contact. If the conduct meets criminal thresholds under Illinois law, you may also choose to report it to law enforcement.
While Anderson Boback & Marshall does not handle criminal law matters directly, we can refer you to qualified criminal attorneys when appropriate. At Anderson Boback & Marshall, we help clients evaluate the most effective course of action based on their situation and assist in collecting the evidence courts rely on to issue protection.
Can harassment affect parenting time?
Yes. If a parent engages in digital harassment, especially if it involves or impacts the child, courts may impose restrictions such as supervised visitation or communication limits. Judges prioritize the child’s emotional safety, and ongoing harassment can indicate instability or poor parental judgment.
How do I stop my spouse from tracking or texting me?
Start by changing all passwords and unlinking shared cloud accounts or devices. Turn off location services and review app permissions on all phones or tablets. Speak with your attorney about requesting a court order that specifically prohibits digital contact and outlines tech-related boundaries.
This information is for general educational purposes only and is not legal advice. Consult an attorney for guidance on your specific situation.
