Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 166.090 is amended to read:
166.090. (1) A telephone caller commits the crime of telephonic
harassment if the caller intentionally harasses or annoys another
person:
(a) By causing the telephone of the other person to ring, such
caller having no communicative purpose; or
(b) By causing such other person's telephone to ring { - and
causing such other person to answer it - } , knowing that the
caller has been forbidden from so doing by a person exercising
lawful authority over the receiving telephone.
(2) Telephonic harassment is a Class B misdemeanor.

I bet your State has a similar statute! If you tell her NO once, it is telephonic harrasment. Just had this discussion with the police that came to my house In my case, my husbands NC letter was harrasment! Grrrr

The problem with these kinds of statutes is that it is very hard to prove the intentions of another. In a case where the OW is calling WH, it would have to be HIM making a complaint.

In the statute quoted above the court overturned a conviction of a man who made 21 phone calls to his ex because each message was different and therefore could be seen as an intended "communication".
Case opinion here.

In the question at hand, if they are separated, the simple thing to do is to change the phone number to an unlisted number. In plan B, you shouldn't know or care how many times or how OW is trying to communicate. Until the WH sends her a legitimate no contact letter (which it is not clear if this was done) OW can keep it up all day long.

With that said, if this were me (in plan B) I would change my phone number and not worry about what was going on between them. I didn't do this when I was going through it and it only caused me more angst. Only if OW started harassing me personally (as defined legally) would I take legal action.

When a couple gets to the point of recovery then a no-contact letter needs to be sent ONCE. If that doesn't stop it then a record should be made of all attempts and legal action pursued because the letter proves intent to never communicate with this person again.

TexasSun, who told you your no contact letter was harassment?
The police? Why were the police there? I can't see the police taking the fact that a person writes a letter asking for no further contact as a harassing act. Was there more to this?

A no contact letter alone is NOT harassment and it would be tough for a prosecutor to prove otherwise. In all my years here at MB I have never seen anyone prosecuted for sending a no-contact letter, especially if worded as prescribed by MB.

TexasSun, you need to post the full context of the police visit. It is isn't helpful to people here in crisis to post what is obviously an incomplete story, especially when it appears to be giving them advice about breaking the law.

Ah. You gave more details on your own thread:

Okay, the story is clearer now. I want to rush to comment on this so new posters aren't confused.

TexasSun said:
This is incorrect, as the rest of your story explains.

It wasn't the NC letter that was considered harrassment. It was your repeated contact with OW after you were asked to cease and desist.

I just want this to be clear so new posters don't read this and becoming worried about breaking the law if they send a No Contact letter.

Here is the order of events:

1. Husband ends affair in July via phone call and email "goodbye"
2. In Sept, she alludes on her FB she is still waiting for my husband.
3. So I finally texted OW, gave her a piece of my mind etc. Not threatening but tell her it is over for life. My first contact with OW since afair began.
4. She texts back to NEVER contact her again.
4. Husband composes and we mail excellent NC letter.
5. It is "returned to sender" unopened.
6. I give it to OW ex-husband.
7. One week later, police come to our home. Interview each of us seperately for one hour.
8. My 3rd party delivery of NC letter is harrasment, even though it is hand-written and signed by my husband.
9. Her ONE text to me is enough to instigate this, had my husband delivered the letter it would have been ok. (Small town, cops have nothing better to do???????)
10. So lesson learned, an attorney can do a far better job. NC Letter is sure to be delivered. It is clear you mean business. The bonus...harrasment charges if OW or OM continue contact.
YES a NC letter is necessary, just don't underestimate a crazy OW or OM!!!

She wants control. Control. Control. Control.

She doesn't like not having it.