Attorney
Texas law defines stalking as repeatedly following or harassing another person in a way that makes them feel afraid or threatened. Texas treats this behavior as a serious crime, which can result in misdemeanor or felony charges. If the stalking behavior involves a family or household member, it could also be considered a form of family violence, which could have significant impacts on child custody decisions.
Child Custody Basics in Texas
In Texas, family courts make child custody decisions based on the best interests of the child. This standard guides all aspects of custody (conservatorship), from living arrangements (possession) to visitation (access). Factors influencing these decisions include the emotional and physical health of the child, each parent’s ability to provide for the child’s needs, and the stability of each parent’s home environment. Additionally, the court considers any history of domestic abuse or criminal behavior, including stalking.
The Potential Impact of Stalking on Child Custody Cases
In Texas, evidence of stalking by one parent can significantly affect the outcome of child custody disputes. Family courts take such behavior seriously because it can indicate potential harm to the child and the other parent. If a parent is found responsible for stalking, the court could decide that this parent poses a risk to the child’s safety and well-being. As a result, the court might order limited access to the child, which could include supervised visitation or restricted physical custody. The primary aim is always to secure the child’s safety and emotional health and to protect them from any harmful influence that could arise from the stalker’s behavior.
Legal Protections for Stalking Victims in Texas
Victims of stalking in Texas have access to various legal protections to increase their safety and that of their children. One of the most effective measures is obtaining a protective order, which legally bars the stalker from coming near or contacting the victim. To secure a protective order, you must provide evidence of stalking that demonstrates a pattern of behavior threatening to your safety to the court. Enforcement of protective orders is strict. Those subject to protective orders can face criminal penalties, including fines and imprisonment, for violations.
How to Document and Report Stalking
Documenting and reporting stalking is crucial for victims seeking relief through the legal system. Victims should meticulously record every incident of stalking, noting dates, times, locations, and the nature of each occurrence. It is also helpful to gather evidence, such as screenshots of threatening texts, emails, voice messages, and any other communications from the stalker. This documentation is vital when reporting the behavior to the police or seeking a protective order, as it forms the foundation of the legal case against the stalker. Law enforcement officers rely heavily on such detailed records to pursue their investigations and to provide the necessary protection through the judicial system.
How a Family Lawyer Can Help You
If you are experiencing stalking and facing a child custody case in Midland, Texas, an experienced lawyer can work to ensure your safety and protect your parental rights by:
- Reviewing your case to identify the appropriate legal strategy
- Filing for a protective order against the stalker
- Representing you in all court proceedings
- Gathering evidence that supports your claims of stalking
- Communicating with law enforcement on your behalf
- Advising you on how to document instances of stalking safely
- Negotiating custody terms that prioritize your child’s safety
- Arguing for supervised visitation if necessary
- Modifying previous custody orders in light of new stalking evidence
- Coordinating with child protective services when appropriate
- Assisting you in securing confidential living arrangements
- Providing referrals to local support services for stalking victims
Contact a Family Law Attorney in Midland
If you are dealing with stalking and need help with your child custody case, remember you don’t have to do this alone. Navarrete Schwartz, P.C. is here to listen to your situation and discuss how we can support you. Contact us today to arrange your initial consultation.