The Texas legislature has set out a specific claim for money damages against a person who may be stalking you. Stalking, or “harassing behavior” is defined as “conduct by the defendant directed specifically toward the claimant, including following the claimant, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the claimant.” To sue successfully recover in a lawsuit for stalking, a claimant must show:
(1) on more than one occasion the defendant engaged in harassing behavior;
(2) as a result of the harassing behavior, the claimant reasonably feared for the claimant’s safety or the safety of a member of the claimant’s family; and
(3) the defendant violated a restraining order prohibiting harassing behavior or:
(A) the defendant, while engaged in harassing behavior, by acts or words threatened to inflict bodily injury on the claimant or to commit an offense against the claimant, a member of the claimant’s family, or the claimant’s property;
(B) the defendant had the apparent ability to carry out the threat;
(C) the defendant’s apparent ability to carry out the threat caused the claimant to reasonably fear for the claimant’s safety or the safety of a family member;
(D) the claimant at least once clearly demanded that the defendant stop the defendant’s harassing behavior;
(E) after the demand to stop by the claimant, the defendant continued the harassing behavior; and
(F) the harassing behavior has been reported to the police as a stalking offense.
If you live in San Antonio, Texas, or the surrounding metropolitan area, and can prove your claim, you can get a money judgment against your stalker. If you are caught in this unfortunate situation, call my office and I can advise you in more detail regarding your rights.