What to Do If You’re Falsely Accused of Stalking or Harassment in Texas
Being falsely accused of stalking or harassment in Texas can be overwhelming and life-altering. These accusations often come with serious consequences, including criminal charges, restraining orders, damage to your reputation, and even jail time. If you find yourself in this situation, it’s critical to act quickly to protect your rights and build a strong defense.
This guide will walk you through what to do if you’ve been falsely accused of stalking or harassment in Texas and how you can fight back.
Understanding Stalking and Harassment Laws in Texas
Texas law defines stalking under Texas Penal Code § 42.072 as engaging in repeated conduct that causes another person to feel threatened, harassed, or fearful for their safety or the safety of their family.
Harassment, under Texas Penal Code § 42.07, refers to unwanted communication or behavior that is intended to annoy, alarm, torment, or embarrass another person. This can include:
- Repeated unwanted phone calls, texts, emails, or social media messages.
- Threatening or obscene language.
- False allegations or spreading harmful information.
- Following someone or showing up uninvited.
Even if the accusations against you are completely false, you may still be arrested, investigated, or charged. That’s why taking the right steps immediately is essential.
Steps to Take If You’re Falsely Accused of Stalking or Harassment
1. Do Not Contact the Accuser
It may be tempting to reach out and try to resolve the misunderstanding, but do not contact the person accusing you. Anything you say could be misinterpreted or used against you in court. If a protective order has been filed, violating it can lead to additional criminal charges.
2. Gather and Preserve Evidence
Start collecting any evidence that could prove your innocence or contradict the accuser’s claims. This may include:
- Text messages, emails, or voicemails showing normal or mutual communication.
- Social media posts that may disprove stalking or harassment claims.
- Call logs, security camera footage, or witness statements showing where you were and what actually happened.
Your attorney can use this evidence to challenge the allegations against you.
3. Hire an Experienced Criminal Defense Attorney
False accusations can escalate quickly. You need an experienced Texas stalking and harassment defense lawyer who can:
- Investigate the claims and find inconsistencies in the accuser’s story.
- Protect your rights and prevent wrongful charges or convictions.
- Defend you in court if the case moves forward.
A skilled attorney can often get charges dropped before they even go to trial.
4. Stay Off Social Media
Anything you post online can be twisted and used against you. Even if your posts seem unrelated to the case, prosecutors may argue they show a pattern of behavior. The safest approach is to avoid social media altogether while your case is pending.
5. Identify Witnesses Who Can Support Your Case
If someone saw or heard interactions between you and the accuser, their testimony can be critical. A credible witness can disprove the allegations and help clear your name.
6. Challenge Protective Orders If Necessary
If a restraining order has been issued against you based on false accusations, your attorney can challenge it in court. A hearing will be scheduled where evidence can be presented to refute the accuser’s claims.
7. Be Prepared for Law Enforcement Involvement
If police officers contact you about the allegations, do not answer questions without an attorney present. Even an innocent explanation can be misinterpreted or used against you. Politely state, “I am invoking my right to remain silent and would like to speak with my attorney.”
Potential Consequences of a False Stalking or Harassment Accusation
Even if the claims are false, an arrest or criminal charges can have serious consequences, including:
- Jail Time: If convicted, penalties range from misdemeanors to felonies, depending on the severity of the allegations.
- Fines: Stalking and harassment convictions can carry fines of up to $10,000.
- Permanent Criminal Record: A conviction will appear in background checks, affecting future employment, housing, and professional opportunities.
- Restraining Orders: You may be legally prohibited from contacting the accuser, entering certain locations, or even seeing your children in custody cases.
This is why fighting back against false accusations is so important.
How The Fox Firm Can Help
At The Fox Firm, we understand the serious impact false accusations of stalking or harassment can have on your life. We are committed to aggressively defending your rights and reputation.
Our experienced attorneys will:
✅ Conduct a thorough investigation into the claims against you.
✅ Gather evidence to disprove the allegations.
✅ Challenge protective orders and restraining orders based on false claims.
✅ Build a strong legal defense to get charges reduced or dismissed.
Contact The Fox Firm Today
If you are facing false accusations of stalking or harassment in McKinney, Plano, or anywhere near Dallas, Texas, do not wait to get legal help. The sooner you act, the better your chances of clearing your name.
Contact The Fox Firm today for a confidential consultation, and let us fight for your freedom and reputation.