Austin, TX asked in Criminal Law for Texas

Q: How do I stop ex girlfriend harrasing and stalking me

Her new boyfriend and his family are also contributing to this issue

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

A: Call the police. You may have enough evidence to pursue criminal charges.

Kiele Linroth Pace agrees with this answer

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

A: The crimes of Harassment and Stalking are both defined in chapter 42 of the Texas Penal Code (see link below.) If the behavior you have experienced meets the legal definition of Stalking then you can apply for a protective order under Chapter 7B of the Texas Code of Criminal Procedure. I noticed that this question is marked Austin, so I should let you know that the Travis County Attorney's Office might be willing to take your protective order case. If so, you will save thousands in legal fees because their attorneys are salaried employees of the county government. You can call 512-854-4163 to ask if they will take your case.

Most applicants for Stalking protective orders have free representation from the county but some people choose to hire a private attorney. The main reasons for private counsel are (1) the County Attorney refused to take the case, (2) they want better customer service than a government office provides, or (3) they want a court order but they don't want to give the details to a government prosecutor to reduce the chance that the stalker would be arrested and prosecuted for felony stalking.

You can read the Stalking law here: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm#42.07

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