Can Repeatedly Contacting An Ex-Girlfriend Or Ex-Boyfriend Lead To Stalking Charges In Texas?
A breakup does not always end contact immediately. Former partners may continue texting, calling, arguing about property, discussing children, or trying to repair the relationship. In some situations, however, repeated contact can move beyond an unpleasant breakup and become the basis for a criminal investigation in Texas. Stalking is a felony, and prosecutors may use text messages, phone records, social media messages, voicemails, surveillance footage, and witness statements to establish a repeated course of conduct.
When we defend someone accused of stalking an ex-girlfriend or ex-boyfriend, we examine far more than the number of messages sent. We look at what was actually communicated, the context of the relationship, whether threats were made, whether the accused knew or should have known how the conduct would be perceived, and whether the prosecution can prove every element required by Texas law.
Texas Stalking Law Requires More Than A Single Unwanted Contact
Texas Penal Code § 42.072 makes stalking a crime when a person, on more than one occasion and as part of the same scheme or course of conduct directed at a specific person, knowingly engages in conduct that meets the requirements of the statute. That conduct may include behavior constituting harassment under Texas Penal Code § 42.07 or conduct the accused knows or reasonably should know the other person will view as threatening bodily injury, death, an offense against certain people, or an offense against property. The conduct must also actually cause the other person, or certain people connected to that person, to experience fear or another statutorily listed reaction, and it must be conduct that would produce the required response in a reasonable person under similar circumstances.
This means a single text asking an ex-partner to talk is not automatically stalking. A prosecution generally requires more than one incident tied together as part of the same course of conduct. The details surrounding each contact become extremely important.
Repeated Text Messages Can Become Part Of A Stalking Case
Modern stalking cases often involve digital communication. A person may send text messages, direct messages, emails, social media comments, or repeated phone calls after a relationship ends. Texas Penal Code § 42.07 addresses harassment and includes several forms of communication made with the intent to harass, annoy, alarm, abuse, torment, or embarrass another person. The statute specifically covers certain threatening communications and repeated telephone communications made in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another person.
Repeated communications can therefore matter in two ways. They may support a separate harassment allegation, and qualifying harassment can also become part of the repeated course of conduct used to support a stalking charge under § 42.072. Prosecutors may present the complete message history rather than focusing on one isolated statement.
We also review what is missing from the government’s presentation. A few screenshots may not show the full conversation. Messages from the complaining witness, deleted communications, reconciliation attempts, mutual arguments, or responses inviting further communication can substantially change the context.
Threatening An Ex-Partner Can Increase Criminal Exposure
A stalking case becomes particularly serious when prosecutors claim the defendant threatened physical harm. Section 42.072 covers conduct that the accused knows or reasonably should know will be regarded as threatening bodily injury or death. It can also apply when the alleged threat concerns certain family members, household members, dating partners, or property.
The exact language matters. A direct statement threatening violence is different from an angry but vague comment, sarcasm, an emotional statement made during an argument, or a message whose meaning depends heavily on prior conversation. We examine the wording, timing, surrounding messages, the parties’ history, and whether the alleged threat was actually communicated as the prosecution claims.
Police and prosecutors may also examine conduct outside of electronic messages. Repeatedly appearing at someone’s home, workplace, school, gym, or another location may become part of the state’s theory when combined with communications or other behavior.
Stalking Is A Felony In Texas
Stalking under Texas Penal Code § 42.072 is generally a third-degree felony. A third-degree felony carries a potential sentence of two to ten years in the Texas Department of Criminal Justice and a possible fine of up to $10,000 under Texas Penal Code § 12.34.
The charge can become a second-degree felony when the accused has a qualifying prior stalking conviction or a conviction under another jurisdiction’s law containing substantially similar elements. A felony stalking accusation therefore deserves immediate attention, particularly when the accused has prior criminal history or when the prosecution is alleging repeated conduct over a long period.
A felony conviction can affect much more than liberty. It can create problems involving employment, housing, professional licensing, firearm rights, and future background checks.
A Breakup Does Not Automatically Make Continued Contact Illegal
Many stalking investigations begin after a difficult breakup. One person may want all communication to stop while the other continues trying to discuss the relationship, collect personal property, arrange child-related matters, or resolve financial issues. Continued communication can be unwise without necessarily satisfying the criminal stalking statute.
The distinction depends on the facts. Texas law requires a repeated course of conduct meeting specific statutory elements. We examine whether the accused acted knowingly, whether the conduct falls within § 42.072, whether it actually produced the required fear or other reaction, and whether a reasonable person in similar circumstances would have responded in the manner required by the statute.
Evidence of mutual communication may also matter. If both parties repeatedly contacted each other, exchanged affectionate messages, made plans to meet, or continued an on-and-off relationship, that evidence may affect how the prosecution’s version of events is evaluated.
Protective Orders And Bond Conditions Can Create Separate Criminal Problems
Once law enforcement becomes involved, continuing to contact an ex-partner can become much more dangerous legally. Texas law allows courts to impose restrictions preventing contact in stalking cases. Under Texas Code of Criminal Procedure Article 17.46, a magistrate may impose bond conditions preventing a person charged with stalking from communicating directly or indirectly with the alleged victim or going near the alleged victim’s residence, workplace, business, or certain locations involving a dependent child.
Texas Penal Code § 25.07 separately criminalizes certain violations of qualifying court orders or bond conditions involving stalking and other protected situations. Conduct that might not independently prove stalking can therefore create an additional criminal charge if it violates an existing protective order or bond condition.
We tell clients to take these restrictions literally. Asking a friend to pass along a message, contacting someone through a second social media account, or showing up at a prohibited location can create additional allegations.
Digital Evidence Often Becomes Central To The Defense
Stalking cases frequently depend on electronic evidence. Police may collect screenshots, phone records, social media messages, emails, call logs, location records, and videos. The prosecution may claim this evidence establishes a pattern of unwanted contact.
We examine whether the evidence is complete and authentic. A screenshot can be cropped. A conversation can omit earlier messages that change the meaning of a response. Shared accounts can create questions about who actually sent a message. Phone records may show that contact occurred without proving what was said.
The complete digital record can sometimes be far more favorable to the defense than the limited evidence initially presented to police.
Intent And Context Matter In A Texas Stalking Defense
The law does not treat every emotionally charged breakup as a felony. The state must prove the mental state and course of conduct required by § 42.072. That creates several areas for a defense attorney to examine closely.
We may challenge whether the conduct happened as alleged, whether separate events were actually part of the same scheme, whether the accused knew or reasonably should have known the conduct would be viewed as threatening, and whether the conduct caused the reactions required by the statute. We may also examine mistaken identity, false allegations, incomplete digital evidence, mutual contact, and inconsistencies in the complaining witness’s statements.
The government’s case must be based on proof, not simply the fact that a relationship ended badly.
Frequently Asked Questions About Texas Stalking Charges Involving An Ex-Partner
How Many Text Messages Does It Take To Be Charged With Stalking In Texas?
Texas law does not establish a specific number of text messages that automatically creates a stalking offense. Texas Penal Code § 42.072 instead requires qualifying conduct on more than one occasion as part of the same scheme or course of conduct directed at a specific person. The prosecution must also establish the additional elements concerning the nature of the conduct, its effect on the other person, and how a reasonable person would respond under similar circumstances.
Ten harmless messages do not automatically equal stalking, while a smaller number of highly threatening contacts combined with other conduct could create much greater legal exposure. We examine content, frequency, context, timing, and surrounding behavior rather than relying only on a message count.
What If My Ex Told Me To Stop Contacting Them And I Sent More Messages?
Continuing to communicate after someone clearly asks you to stop can become significant evidence in a stalking or harassment investigation. It may be used by prosecutors to argue that later communications were knowingly unwanted and formed part of a continuing course of conduct.
That does not mean every additional message proves felony stalking. The state still has to satisfy the elements of Texas Penal Code § 42.072. The content and purpose of the communication matter, along with whether there were threats, repeated harassment, mutual responses, or other conduct supporting the prosecution’s theory.
If a protective order or bond condition already prohibits communication, however, another message can create a separate and much more immediate legal problem.
Is Harassment The Same As Stalking In Texas?
No. Harassment and stalking are separate offenses. Texas Penal Code § 42.07 addresses harassment and covers certain communications made with the intent to harass, annoy, alarm, abuse, torment, or embarrass another person. Stalking under § 42.072 requires qualifying conduct on more than one occasion as part of the same course of conduct and includes additional statutory requirements.
The two offenses can overlap because conduct constituting harassment may also be used as part of a stalking allegation. We examine precisely what offense prosecutors are alleging and which statutory elements they believe the evidence proves.
What If My Ex Was Also Texting Or Calling Me?
Mutual communication can be important evidence. If both people continued calling, texting, meeting, or discussing reconciliation, that may affect how the government’s allegation of unwanted or threatening contact is viewed. It may also provide context missing from screenshots or statements initially shown to police.
Mutual contact does not automatically defeat a stalking charge. One person may still engage in threatening or qualifying conduct even during an ongoing exchange. We therefore review the full communication history rather than relying on isolated messages selected by either party.
What If I Only Contacted My Ex To Get My Property Back?
The purpose of the communication is relevant. Contact intended to arrange the return of clothing, furniture, documents, vehicles, pets, or other property is different from repeated threats or harassment. The manner and frequency of the communications still matter.
If a court order or bond condition prohibits direct or indirect contact, however, a legitimate property dispute does not automatically authorize someone to ignore that restriction. In those situations, property issues may need to be addressed through attorneys, courts, or another legally permitted method.
Can Showing Up At My Ex’s House Lead To A Stalking Charge?
It can become part of a stalking allegation depending on the circumstances. Repeatedly appearing at an ex-partner’s home, workplace, or other location may be considered alongside messages, threats, surveillance, following, or other conduct when prosecutors try to establish a course of conduct under § 42.072.
If a bond condition or protective order prohibits going near the person’s residence or workplace, appearing there may also create a separate criminal allegation. Texas law specifically allows stalking bond conditions restricting contact and proximity to certain locations.
What Should I Do If Police Contact Me About Stalking Allegations?
What you say can become evidence. Trying to explain dozens of messages, an emotional breakup, or a complicated relationship without understanding what police already have may create unnecessary problems. Statements intended to clear up a misunderstanding can later be compared against texts, videos, location records, or statements from other witnesses.
We generally want to review the allegations and evidence before our client gives a detailed account to investigators. A stalking accusation can become a felony prosecution, so early decisions about communication with law enforcement can matter significantly.
Speak With Our Galveston Criminal Defense Lawyer About A Texas Stalking Charge
A stalking accusation involving a former boyfriend or girlfriend can turn a personal relationship dispute into a serious felony case. At Mark Diaz & Associates, we examine the complete history between the parties, not simply the accusations presented in a police report. We review texts, call logs, social media records, videos, witness statements, protective orders, bond conditions, and other evidence to determine whether the state can actually prove the repeated course of conduct required by Texas Penal Code § 42.072.
When you hire Mark Diaz & Associates, you work directly with your attorney. Our clients have their attorney’s personal cell phone number because questions, emergencies, and concerns do not always happen during normal business hours. You will not simply be handed off to a junior associate or become another file on a crowded docket. From the investigation and arrest through the final resolution of the case, we remain personally involved, accessible, and familiar with the evidence affecting your defense.
Mark Diaz & Associates represents people accused of stalking, harassment, family violence, assault, and other criminal offenses in Galveston County. If you are under investigation or have been arrested for allegedly stalking an ex-girlfriend or ex-boyfriend, contact our Galveston criminal defense lawyer at 409-515-6170 to for your free consultation.
