Texas Stalking Protective Order — Code of Criminal Procedure 7B
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Table of Contents
Stalking protective order framework
Texas Code of Criminal Procedure Chapter 7B:
- Authority. Texas CCP §7B.001 et seq.
- Different from family violence PO. No qualifying relationship required
- Different from harassment. Course of conduct standard
- Issued by district court
- Up to lifetime duration possible
- Similar terms to family violence PO. No contact, distance, etc.
- Violations criminal. Penal Code §25.07
Stalking elements (Texas Penal Code §42.072)
- Course of conduct. More than one occasion
- Specifically directed at another person
- That the actor knows or reasonably believes would cause:
- Reasonable person fear of bodily injury or death, OR
- Reasonable person fear that offense will be committed against family/household member, OR
- Reasonable person fear that offense will be committed against property, OR
- Reasonable person to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended
- And does cause such fear or feeling
Common stalking patterns
- Following or surveillance
- Showing up at locations victim frequents
- Repeated unwanted contact (calls, texts, social media)
- Sending unwanted gifts
- Damaging property
- Threats (direct or indirect)
- Contacting victim's family, friends, employer
- Use of GPS tracking or technology
- Hacking accounts or devices
- Identity manipulation
- Online impersonation (Penal Code §33.07)
- Pattern of harassment
Stalking PO application process
- File application in district court. CCP §7B.003
- Sworn affidavit detailing stalking conduct
- Course of conduct evidence. Multiple incidents
- Specific dates, times, locations
- Communications preserved. Texts, emails, voicemails
- Witnesses identified
- Police reports when filed
- Photo evidence when relevant
- Temporary ex parte order possible
- Final hearing within timeframe
- Both parties present
- Court findings on stalking
- Final order if granted
When stalking PO appropriate vs other options
| Situation | Best Option |
|---|---|
| Family/dating relationship + violence | Family violence PO (Chapter 85) |
| Non-family stalking | Stalking PO (CCP 7B) |
| Sexual assault | Sexual assault PO (CCP 7A) |
| Workplace harassment | Title VII or civil tort |
| Online harassment | Penal Code §42.07 + civil remedies |
| One-time non-violent dispute | Civil injunction or law enforcement |
Have a Texas legal question?
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Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
What's a Texas stalking protective order?
Court order under Texas Code of Criminal Procedure Chapter 7B protecting victims from stalking. Different from family violence PO — no family/dating relationship required. Up to lifetime duration. Violations criminal under Penal Code §25.07.
How do I get a stalking protective order in Texas?
File application in district court (CCP §7B.003). Sworn affidavit detailing course of conduct (more than one occasion of stalking behavior). Evidence: communications, dates/times/locations, witnesses, police reports if filed. Hearing with both parties; court findings on stalking.
What constitutes stalking in Texas?
Texas Penal Code §42.072: Course of conduct (more than one occasion) directed at specific person, that actor knows or reasonably believes would cause reasonable person fear of injury/death or feel harassed/annoyed/alarmed/abused/tormented/embarrassed/offended, AND does cause such fear or feeling.
Can I get a stalking protective order against an ex-partner?
Yes — stalking PO available regardless of relationship. Ex-partners often subject. Distinct from family violence PO which requires qualifying family/dating relationship. Stalking PO standard focuses on course of conduct.
How long does a Texas stalking protective order last?
Up to lifetime under CCP Chapter 7B. Court determines duration based on circumstances. Severe cases typically receive longer orders. Modification possible if circumstances change. Death of either party terminates order.
