Hello again Sandra,
Without knowing what the restraining order says specifically about communications I am operating a bit in the dark here. But I can say from my experience, that if it says no communications at all, then you are as much in violation as he is if you are texting him. In addition, if you are continuing to text him after he says stop, no matter how long it is that you stop, that could be a basis for a harassment claim. You can see a copy of the NY harassment statute below that makes certain types of communication criminal
, which would include texting if it "in a manner likely to cause annoyance or alarm."
Based upon what you have told me, I would strongly recommend that you stop texting, or having someone else text your ex. If you have concerns about your sons, you are better off hiring an attorney to assist you with the issue.
Please let me know if you need any clarification or have a related follow up question. I would be glad to assist you further if I can.
§ 240.30 Aggravated harassment in the second degree
. A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she: 1. Either (a) communicates with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or (b) causes a communication to be initiated by mechanical or electronic means or otherwise with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or 2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or 3. Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or 4. Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree
as defined by section 240.25 of this article within the preceding ten years. 5. For the purposes of subdivision one of this section, "form of written communication" shall include, but not be limited to, a recording as defined in subdivision six of section 275.00 of this part. Aggravated harassment in the second degree is a class A misdemeanor