Legal Question in Criminal Law in Texas

Stalking and Harrassment

A male ex-friend has been stalking and harrassing me for 4 years. He is not an ex-husband or boyfriend, I have not been able to file a police report against him as he has yet to break any local laws, and he has not made terroristic threats that I was able to record. Thus, I cannot get a protective order. His harrassment comes in forms of letters and emails lately; I have printouts of all the emails and have kept the letters he sent. For the first 2 years of this harrassment, he also called frequently, followed me, and destroyed my property and life. The mail is not threatening, it is just constant - he wants to "be my friend" and insists that we MUST get together so we can start up a friendship again, despite the fact that 4 YEARS ago I told him never to contact me again in ANY way. I broke off the friendship 4 years ago when he threatened to kill me (which I don't have recorded). I have not replied to any of his messages nor have I attempted to contact him for 2 years - yet STILL he persists. Earlier this week I received a message saying that "although it will upset me," he will be in my area and wants to "get together to do lunch." I am fearful for my safety and am on the verge of a mental and emotional breakdown. He simply will not leave me alone, and according to my local police department, DA's office, women's shelters, JPs, and civil attorneys, I can do nothing. What can I do and where do I go?


Asked on 11/21/97, 2:25 pm

1 Answer from Attorneys
Gerald McDougall Law Office of Gerald McDougall

relief from stalker

Texas is a large state and much of the enforcement of the Penal Code is pretty much at the discretion of the various county and district attorneys. However there are 2 provisions of the Penal Code, 42.06, harassment, which is only a class"B" misdemeanor and probably would not be pushed too hard, and 42.073 Stalking which is a class "A" misdemeanor and which requires no relationship between the stalker and the victim. I strongly suggest that you contact the family violence unit of your local prosecutor - probably County Attorney - they can advise you further.

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Answered on 11/21/97, 9:58 pm


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