Too often I see clients or their ex’es who think that sending text messages is somehow an innocent pastime to which the laws of the land don’t apply. How wrong they are.

In moments of frustration, after a couple of drinks, it can be the simplest thing in the world to grab the iPhone, tap out an abusive text message to your ex, press the button and know you’ve made your ex miserable for the night. It can also be the simplest thing to keep sending text messages even when your ex has asked you to stop sending them.

It might be perfectly true to point out to your ex that you are bigger than he is, or that she’s lousy in bed, or that his mother smells, or that she engages in unusual sex. However, if these comments are seen by your ex as offensive or are harassing (such as repeated, annoying text messages) or intimidating, or worse, then watch out as the long arm of the law can come after you.

Quite simply: don’t do it. You could find yourself on the wrong end of an application for a domestic violence order. Worse: you could find yourself facing criminal charges as serious as stalking, punishable for up to 5 years jail. Laws against stalking apply whether or not you were in a relationship with the other person.

Text messages are very easy to keep, show the police, download and send to lawyers. HTC phones download text messages via cable, and iPhones via a cheap app download text messages as an Excel spreadsheet. Lawyers like me love to add these to court documents.

Stephen Page is a partner of Harrington Family Lawyers, Brisbane. He is an accredited family law specialist and is author of the Australian Gay and Lesbian Law Blog http://lgbtlawblog. blogspot.com