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

Q: My daughters ex husband has harassed her for over a year by phone, text,in persons what can she do?

He is now doing same thing to a man she is dating. She keeps him blocked and just contacts him concerning his visitation with children. Is their anything legal she can do to get him to stop.. We are also concerned about it turning to physical violence.

2 Lawyer Answers
Rick  Davis
Rick Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: If this happened in Texas, she should file a complaint with the local police department for Telephone Harassment. It is a crime in Texas.

Kiele Linroth Pace agrees with this answer

1 user found this answer helpful

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

A: Committing the misdemeanor crime of Harassment on multiple occasions by the same means is one of the ways a person can commit the felony crime of Stalking. A person who is the victim of stalking can seek a Protective Order pursuant to chapter 7B of the Texas Code of Criminal Procedure. The process is almost exactly the same as a Family Violence Protective Order, except it can result in a LIFETIME order instead of just two years.

You can hire an attorney to file the paperwork to apply for a Stalking Protective Order but it is possible that the office of the District Attorney in your county might agree to represent you for no additional charge because the attorneys on their staff are government employees. Some people would rather hire a private attorney for better service but most people choose to save thousands in legal fees if the DA will take the case. Here in Travis County, the DA's office has delegated this work to the office of the County Attorney but it is different in each county so start by asking the DA.

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