Have you experienced incidents of stalking by another person? No matter your relationship (or lack thereof) to your alleged stalker, you may have the right to seek legal protection against future incidents. With over 40 years of combined legal experience, the attorneys of Navarrete & Schwartz, P.C. have what it takes to advocate for your rights and interests. We will fight as hard as necessary to help you protect your and your family’s safety and peace of mind.

Contact Navarrete & Schwartz, P.C. today for an initial case evaluation to discuss your legal options with an experienced stalking victims attorney in Midland, TX.

What Constitutes Stalking in Texas?

Under Texas law, a person commits the crime of stalking if they knowingly engage in specific prohibited conduct on more than one occasion as part of the same scheme or course of conduct directed at a specific individual. Such prohibited conduct can include:

  • Conduct that constitutes the offense of harassment under Texas law.
  • Conduct that the perpetrator knows or reasonably should know the target will regard as threatening injury or death or the commission of an offense against a member of the target’s family or household, a person with whom the target has a dating relationship, or the target’s real or personal property.
  • Conduct that causes the target, a member of the target’s family or household, or a person with whom the target has a dating relationship to fear injury, death, or the commission of an offense against a member of their family or household, a person with whom the target has a dating relationship, or their real or personal property.
  • Conduct that causes the target to feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended.
  • Conduct that would cause a reasonable person under similar circumstances to fear injury, death, or the commission of an offense against themselves, a member of their family or household, a person with whom the target has a dating relationship, or the target’s real or personal property, or to feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended.

Furthermore, acts of cyberstalking, or stalking that occurs through the internet or other telecommunications networks, may constitute a crime under Texas’s harassment statute. 

Your Legal Options After Becoming a Victim of Stalking

If you believe that someone has started stalking you, you have various legal avenues to protect yourself against further incidents of stalking or other acts of harassment or violence. First, you should report suspected acts of stalking to your local law enforcement department. Police departments must take allegations of stalking seriously and investigate reports. 

Furthermore, you may have the option of applying for a stalking protective order from the court. A person who receives repeated and unwanted harassing or threatening contact from another person may become eligible to request a protective order; they do not need to have any kind of family, household, or dating relationship with the other person, nor do they need to have a police report to apply for stalking protective order. 

The Process of Obtaining a Restraining Order

To obtain a stalking restraining order in Texas, a person must apply with the court in the county in which they live. Before filling out the restraining order application, an individual should gather all available supporting information and documentation that can help improve the chances of having the application approved by the court. Supporting information and documentation can include:

  • Dates, times, and locations of incidents of stalking
  • Details of each stalking incident, including what the other person did or said
  • Any physical injuries or property damage caused by the other person
  • Photographs or videos
  • Witness statements
  • Police reports
  • Protective Services case files
  • Copies of divorce judgments or other domestic relations orders/agreements

Once a person has supporting information/documentation, they can complete the application packet to apply for a protective order. The application form will include information about the stalking victim (known as the applicant) and the stalker (known as the respondent), details about stalking incidents, and information about any current or prior protective orders between the parties.

The applicant must also submit an affidavit containing the applicant’s statement of facts made under oath and a temporary ex parte order that will prohibit the respondent from engaging in any conduct that may constitute stalking, harassment, or violence until the court can rule on the application. 

The applicant must submit their application paperwork and serve a copy (including the signed temporary ex parte order) with a notice of hearing on the respondent; the applicant can hire a constable or private process server to serve the paperwork. 

After filing, the court will schedule a final hearing where the applicant and respondent can appear before a judge to present evidence and witness testimony for or against the issuance of a final order of protection. The court may issue a final order if it finds that acts of stalking occurred and that the applicant requires a protective order to prevent future acts of stalking, harassment, or violence. 

What Happens If the Other Person Continues to Stalk You?

After you’ve obtained a stalking protective order, you have significant legal rights and protections should the respondent continue to stalk you or engage in other harassing or violent behavior toward you. You can report any suspected violations of a protective order to the police or the court that issued the order. A person who violates a protective order may face civil or criminal contempt charges, which can result in penalties that may include expansion or extension of the protective order, fines, obligation to pay the victim’s legal fees, and jail time. 

How Can an Attorney Help?

A family law attorney from Navarrete & Schwartz, P.C. can guide you and advocate for your rights and interests throughout the process of obtaining or enforcing stalking protective orders by:

  • Sitting down with you to discuss the facts of your case to understand your legal options for responding to suspected acts of stalking
  • Investigating the stalking incidents to obtain supporting evidence
  • Helping you prepare and submit an application for a stalking order
  • Representing you in court during hearings for your application to advocate for a final protective order
  • Pursuing enforcement actions in response to violations of a protective order

Contact Our Firm Today to Discuss Your Options

If you’ve been the victim of stalking in Texas, you have legal rights and options to protect yourself from further harassment or potential violence. Contact Navarrete & Schwartz, P.C. today for a confidential consultation with our Midland family law attorneys to learn more about the process of obtaining a stalking protective order and what you can do to protect yourself and regain peace of mind.