Dumas, TX asked in Criminal Law and Domestic Violence for Texas

Q: I was recently engaged and I think my fiancé drugged me while he was staying at my house on a Saturday night.

The next day he took off in a big hurry when I started to wake up. I didn’t know what had happened at all. I just remember going to bed and when I woke up my bedding was everywhere in the room I felt like I had a horrible hangover although I had not drank. I filed a report with the police, they said since he didn’t really leave any marks behind on my body they couldn’t do much. I did not get any kind of test done at any hospital. The sheriff said they could do a hair follicle test but all that would prove if any drug came up is that it was in my system and not prove that he did it. Fast forward to now he has been contacting me via text message about two weeks later after I filed a police report. My former fiancé doesn’t know I filed a police report. I told him to stop contacting me a week ago. He still will not stop and I have not been replying to any of his messages. He won’t leave me alone. I’m afraid he’s going to try to come around. What can I do next to protect myself?

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

A: If he sends multiple messages after you ask him to stop that can meet the criminal definition of Harassment. If he commits Harassment on multiple occasions that could satisfy the defition of Stalking, which would allow you to seek a lifetime protective order. I'm not sure the DA's office would take a case like that but you might be able to hire a Family Law attorney to do it. Having a private attorney apply for a Stalking protective order is kinda rare but if you can find a divorce attorney that has done a Family Violence protective order it is basically the same process except the changes listed in Chapter 7A of the Code of Criminal Procedure and relying on the definition of Stalking from chapter 42 of the penal code.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.