Civil Harassment Restraining Order Texas — Penal Code §42.07
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Table of Contents
Texas civil harassment framework
Unlike California and some other states, Texas doesn't have specific civil harassment restraining order statute. Instead:
- Texas Penal Code §42.07. Criminal harassment prosecution
- Texas Penal Code §42.072. Criminal stalking — produces stalking protective order under CCP Chapter 7B
- Civil tort remedies. Intentional infliction of emotional distress, defamation, others
- Family violence protective orders. When family/dating relationship exists
- Civil court TROs and injunctions. Limited circumstances
- Workplace harassment claims. Title VII, Texas employment law
Texas Penal Code §42.07 harassment
Elements:
- Initiates communication (written, electronic, telephone)
- With intent to harass, annoy, alarm, abuse, torment, embarrass, or offend
- Communicates obscene matter, threatens, conveys false information about death/injury, makes repeated unwanted contact, OR knowingly permits telephone to be used for prohibited purpose
Penalties:
- Class B misdemeanor first offense (up to 180 days, $2,000)
- Class A misdemeanor with prior conviction (up to 1 year, $4,000)
- State jail felony in some specific circumstances
Stalking protective orders (CCP Chapter 7B)
When harassment rises to stalking, Texas Code of Criminal Procedure Chapter 7B applies:
- Elements. Course of conduct (more than one occasion), directed at specific person, would cause reasonable person fear/feelings, does cause such feelings
- Application. Filed in district court
- Standard. Preponderance of evidence
- Duration. Up to lifetime in severe cases
- Terms. No contact, geographic restrictions, similar to family violence PO
- Enforcement. Violations = Penal Code §25.07 criminal offense
- Cost. Filing fee waivable for indigent
Civil remedies
Civil court options for harassment-type conduct:
- TRO and injunction. Texas Rules of Civil Procedure 680
- Anti-harassment injunctions. In divorce, employment, business contexts
- Intentional infliction of emotional distress. Damages claim
- Defamation. When false statements involved
- Invasion of privacy. Some contexts
- Tortious interference. Business/contract contexts
- Property damage claims
Civil remedies typically require attorney, court process, and may be expensive. Don't provide same protection as criminal prohibitions.
When each remedy applies
- Family/household member or dating partner. Family violence protective order (Chapter 85)
- Non-family stalking. Stalking protective order (CCP 7B)
- Non-family harassment without stalking elements. Penal Code §42.07 prosecution; limited civil options
- Workplace harassment. Title VII, Texas employment law
- Online harassment. Penal Code §42.07, §33.07 (online impersonation)
- Defamation. Civil court remedies
- Sexual harassment. Title VII, civil law
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
Does Texas have civil harassment restraining orders like California?
No — Texas doesn't have specific "civil harassment restraining order" statute. Instead: Penal Code §42.07 harassment prosecution, §42.072 stalking + CCP Chapter 7B stalking protective orders, Family Code Chapter 85 for family violence, civil tort remedies for some situations.
What's Texas Penal Code §42.07?
Texas harassment criminal statute — initiates communication with intent to harass/annoy/alarm/abuse/torment/embarrass/offend through obscene matter, threats, false information, repeated unwanted contact, or knowing permission for telephone use. Class B misdemeanor first offense; Class A with prior.
What's a Texas stalking protective order?
Texas Code of Criminal Procedure Chapter 7B order — course of conduct directed at specific person causing reasonable fear. Up to lifetime duration in severe cases. Similar terms to family violence protective order. Violations = Penal Code §25.07 criminal offense.
Can I get a restraining order against a non-family member in Texas?
Yes — through stalking protective order (CCP Chapter 7B) when conduct rises to stalking. Sexual assault protective order (CCP Chapter 7A) for sexual assault. Civil TRO and injunction in some contexts. Family violence protective order requires family/dating relationship.
Is harassment a crime in Texas?
Yes — Texas Penal Code §42.07 criminalizes harassment. Class B misdemeanor first offense (up to 180 days, $2,000). Class A with prior conviction (up to 1 year, $4,000). Stalking (§42.072) more serious — third-degree felony.
