Houston, TX asked in Criminal Law and Family Law for Texas

Q: What do I need for a restraining/protective order in Texas?

My current boyfriend's ex girlfriend keeps harassing through calls and texts and sometimes even showing up to his place and showing stalking behavior. She also mentioned me on her threats that she would come for me. He has DACA and he's scared to take legal actions but I want to know what can be done in this case to put her a stop

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

A: A restraining order requires the existence of a civil lawsuit pending between the parties, and it expires when the lawsuit ends. So that's not appropriate to your situation unless there is some sort of active lawsuit involving the two of you on opposing sides.

A dating violence protective order might be possible if she physically hurt you or damaged your property BECAUSE of your relationship with him, but that would probably require that he be willing to go into court to testify about it. It might also be possible if she made specific threats to hurt you... but not just because you FEEL threatened by her. A neutral person would need to look at her statements and agree they were threats.

He might be able to apply for a Stalking protective order based on repeated unwanted communications and her showing up at his workplace but, again, that probably requires him to go to court and opens all his previous dealings and relationship details to the public... like why doesn't he just block her? Some people don't want that even in the absence of an immigration issue but if is a really unsafe situation then it might be necessary. It is expensive, but technically possible, to have a private attorney handle the application and prosecution of a Stalking Protective Order. Most people just go through the county DA's office because they will do the attorney work for free if they take the case... but others have good reasons for not getting government prosecutors involved.

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