Understanding the Legal Differences Between Harassment and Stalking in Texas

Facing legal trouble related to stalking or harassment can be overwhelming. If you’re currently dealing with a situation like this, you are not alone. You may be feeling confused, frustrated, or scared about the potential legal consequences, and it’s understandable. These are serious matters, and having the right legal help can make a huge difference in the outcome of your case. Our firm is here to provide guidance, support, and assistance as you navigate these complex legal waters. We know how important it is for you to fully understand the differences between harassment and stalking in Texas, so you can make informed decisions about your case.

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What is Harassment?

Harassment in Texas refers to a pattern of behavior that causes someone to feel distressed or alarmed. It can be verbal, written, or physical conduct that is repetitive and targeted at an individual. The behavior must be offensive and alarming, and it must make the person feel fear or emotional harm. Harassment typically involves communications that are meant to provoke distress or unwanted attention, such as repeated phone calls, texts, or emails.

In Texas, harassment is considered a criminal offense, and if the behavior persists, it can lead to charges. The state’s laws recognize that harassment can take a significant emotional toll on the victim. The legal definition is broad, covering various forms of unwanted attention. Harassment charges in Texas can range from a Class B misdemeanor to more severe offenses if the behavior escalates or continues over time. It is important to note that harassment charges are not always the result of a single incident but are based on a series of actions meant to distress the victim.

What is Stalking?

Stalking, on the other hand, goes a step further than harassment. In Texas, stalking is defined as engaging in a course of conduct that is intended to make the victim fear for their safety or the safety of their loved ones. This behavior is often repetitive and can involve following, spying, or showing up uninvited at the victim’s home or workplace. Stalking also includes behaviors like sending unwanted gifts or messages with the intent to intimidate or create fear in the victim.

Attorney Deandra Grant

Deandra M. Grant

Managing Partner

Douglas E. Huff

Partner & Criminal Division Chief

Johnny Lanzillo

Criminal Division Trial Chief

Texas Attorney Kevin Sheneberger

Kevin Sheneberger

Criminal Trial Division

Texas Attorney 
Omar Sherif

Omar Sherif

Criminal Trial Division

Texas Attorney James Lee Bright

James Lee Bright

Of Counsel

Unlike harassment, which may cause emotional distress, stalking involves a much greater level of threat and control. Stalking is a felony offense in Texas, and it carries much more severe legal consequences. A person who is convicted of stalking could face imprisonment, hefty fines, and other legal penalties. The law in Texas treats stalking seriously because it involves not just emotional distress but also the threat of physical harm. If you feel you are a victim of stalking, it is crucial to take immediate action and seek legal help to ensure your safety and protect your rights.

Key Legal Differences Between Harassment and Stalking

While both harassment and stalking involve unwanted behavior that disturbs a person’s peace, there are important legal differences between the two. The most significant difference is the intent and the threat involved. Harassment often involves repeated acts of communication that cause emotional distress but may not necessarily involve threats of physical harm. Stalking, however, involves a more targeted and deliberate pattern of behavior intended to instill fear in the victim and often involves a direct threat to the victim’s safety.

Another important distinction is the severity of the charges. In Texas, harassment is generally classified as a misdemeanor offense. However, stalking is treated as a felony offense, which means the penalties are much more severe. A person convicted of stalking can face prison time, extensive fines, and other long-term legal consequences. If you are dealing with either of these issues, it is important to understand that the law takes stalking much more seriously due to the greater risk it poses to the victim.

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Legal Defenses to Harassment and Stalking Charges

It’s important to know that accusations of harassment and stalking are not always clear-cut. In some cases, what one person considers harassment or stalking may be a misunderstanding. There may be valid legal defenses available, such as a lack of intent, the behavior being misinterpreted, or not being the person responsible for the alleged actions.

In stalking cases, the accused may argue that their behavior was not meant to instill fear or that the conduct was simply misunderstood. However, even if a defense is available, it’s crucial to have legal representation to ensure the best outcome for your case. A skilled lawyer will be able to analyze the facts and help you navigate the legal process, whether you are the one accused or the one seeking protection from stalking or harassment.

Protective Orders and Restraining Orders in Texas

If you are a victim of harassment or stalking, you may be able to seek protection through a court order. In Texas, protective orders and restraining orders are legal tools that can help prevent further contact from the person harassing or stalking you. A protective order is designed to stop the perpetrator from coming near you or contacting you in any way. This can provide peace of mind and security during what can be a stressful time.

A protective order can also serve as an important legal step in showing that the court recognizes the behavior as unacceptable. These orders are not just for victims of stalking but can also apply to those who are being harassed. It’s important to seek legal advice to ensure you are pursuing the correct type of order and to make sure your rights are fully protected under Texas law.

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The Importance of Seeking Legal Help

When dealing with stalking or harassment, it is critical to act quickly and seek legal advice. Whether you are a victim or accused, understanding the nuances of Texas law can be complicated, and having an attorney who understands the law is vital for achieving the best possible outcome. A lawyer can help guide you through the legal process, explain your rights, and assist with filing charges or seeking a protective order.

Legal professionals are here to help you understand the law, fight for your safety, and ensure that your case is handled with care and precision. If you are facing stalking or harassment charges, don’t face it alone. We understand that these situations can be both emotionally and legally complex. It’s crucial to have the right team to fight for your rights and secure your safety.

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Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

If you are currently facing a situation involving stalking or harassment in Texas, our firm is here to help. We understand the distress and confusion you may be feeling. Our team is committed to helping you navigate the legal process and work toward a positive resolution for your case. Don’t hesitate to reach out for assistance. We are ready to stand by your side and ensure that your case is handled with the utmost care and attention to detail. Contact Deandra Grant Law today for a consultation. Let us help you find the legal solution you need.

To learn more about this subject click here: Understanding the Basics of Domestic Violence Laws in Texas

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