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R. Todd Bennett, P.C. Board Certified, Criminal Law. Texas Board of Legal Specialization.
713-489-7763
  • Home
  • Attorney
    • Bennett, R. Todd
  • Practice Areas
    • Sex Offenses
    • DWI Defense
    • Gun/Weapon Offenses
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    • Drug Charges
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    • Theft/Fraud Charges
    • Family Violence/Domestic Violence
    • Federal Crimes
    • Expunction & Sealing Your Criminal Record
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  5. How Texas law addresses stalking offenses

How Texas law addresses stalking offenses

On Behalf of R. Todd Bennett, P.C. | May 15, 2025 | Criminal Defense |

Facing stalking charges in Texas can feel overwhelming. Understanding how the law defines stalking and what penalties you might face helps you prepare your defense effectively.

What constitutes stalking in Texas?

Texas defines stalking as repeated conduct that causes someone to fear for their safety or suffer emotional distress. This can include following, unwanted communication, or appearing at a person’s home or workplace. To defend against these charges, it’s important to examine whether the behavior truly meets the legal definition and if the alleged incidents happened multiple times.

Possible penalties for stalking

Stalking convictions carry serious penalties, including jail time, fines, probation, and a lasting criminal record. Penalties increase if the case involves threats of violence, weapons, or prior convictions. A strong defense can focus on disproving these aggravating factors or showing misunderstandings about the conduct.

How the legal process works

Law enforcement investigates stalking claims and prosecutors decide whether to file charges. You have the right to challenge evidence and question witnesses during the process. Protective orders may limit your contact with the alleged victim, so understanding their terms is key to avoiding additional charges.

Defending against stalking allegations

Your defense might include proving lack of intent, mistaken identity, or lawful reasons for your actions. Sometimes, communication or presence in certain places doesn’t qualify as stalking under the law. Providing evidence such as alibis or witness statements can be crucial.

What protective orders mean for your defense

Protective orders restrict your actions and contact with the alleged victim. Violating these orders leads to further charges. Staying informed about the order’s terms helps you avoid unintentional violations while preparing your defense.

Understanding Texas stalking laws from a defense standpoint helps you protect your rights and respond effectively to charges. Clear knowledge about legal definitions, penalties, and court procedures supports your ability to address stalking allegations.

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