Charleston, SC asked in Criminal Law and Domestic Violence for Texas

Q: What should I do? This has gone on long enough

I turned myself in and was arrested on March 29 on bogus stalking charges, I bonded out and I have never been given a court date nor have I ever seen a judge and I call once a week to check in like I’m required to do, in the process of this my ex and his girlfriend have tried to put a protective order on me and making false police reports, however they have been unsuccessful at getting me served due to my traveling no where near them for my job, and me living in a different state and now the civil court had set a deadline date to complete matter,

What should I do I wasn’t served any paperwork or given a court date I stumbled on this through the internet and the bail bondsman just informs me there is no court date, what should I do? Because I feel like they did this to maliciously damage my character and my reputation and make me travel and spend thousands I don’t have on an attorney and so they know where I am. Someone please give me some good advice that won’t cost me my savings.

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: This question is marked both Texas and South Carolina so I'm assuming the protective order was filed in Texas but that you live in North Carolina. If my assumption is wrong you can ignore the remainder of this response and you should re-post the question with information clarifying the applicable jurisdiction.

In Texas, a Stalking Protective Order is often issued with a LIFETIME duration. So the first question is, "do you care?" If you don't care if you ever see these people again then the only reason to care is the potential side-effects of the order. Perhaps the biggest side-effect is that federal law prohibits people subject to a Stalking protective order from possessing a firearm or ammunition and it is even a crime to sell, give, or otherwise transfer a firearm to a person under this type of order. For some people, this is a HUGE problem while others simply do not care about their second amendment gun rights. Another potential consequence is that your name will be entered into a database that is automatically checked at airports and during routine traffic stops to determine if you are traveling with the protected person. It is possible that there could be other applications for this database in the future. Finally, there will be a permanent public judicial record if the order is granted and that record could be used for some as yet undetermined purpose in the future. Perhaps your future ex-spouse's divorce attorney will dig it up during a nasty custody battle over your future children. There is already a record of the application so I'm not sure the order being granted really changes much in this department.

Maybe they will serve you in court when the felony is indicted and you show up for the arraignment. Maybe they will try serving you some alternative means. Maybe they will just move on and let it go or maybe they will be granted an order by DEFAULT if you fail to show up. If you don't care enough to spend money defending it then you could just let whatever happens ... happen.

If you WANT to fight it you should discuss that decision with your criminal defense attorney. She may jump on the opportunity to cross-examine your accuser under oath because we don't get to take witness depositions in criminal cases. If the attorney catches your accuser in a lie that could end up winning the criminal case for you before it even begins! Conversely, your attorney might not be too thrilled with the idea of YOU testifying about the situation under oath and subject to cross-examination by the applicant's attorney. The consequences of a felony stalking conviction are much worse than a lifetime protective order so you would definitely be wise to forfeit the latter to help prevent the former.

Good Luck!

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