How Can You Protect Yourself From Online Harassment?

Texas courts offer protective orders to stop both in-person and online harassment. These court orders create legal obstacles to deter a stalker or harasser from contacting or approaching you. To obtain a protective order, you should have the help of a San Antonio protective orders lawyer.

Texas law directly addresses cyberbullying and online stalking. It allows you to take legal action if you are stalked or harassed online. A protective order is an enforceable court order that can prevent another person from harassing or stalking you physically or through digital means.

If you receive persistent, unwanted attention or harassment that makes you feel unsafe, whether in-person, online, or by phone, a San Antonio protective orders attorney can help you obtain a court order that legally requires the stalker or harasser to stop.

How is Digital Stalking Defined?

Digital stalking (or “cyberstalking”) happens when someone uses digital technology to stalk or harass another person online. It may include:

  1. tracking a person’s location, social media posts, and other online activities
  2. repeatedly making unwanted contact by texting, calling, or emailing
  3. sharing false accusations, offensive comments, or requests for sexual favors
  4. publishing someone’s private information online (known as “doxxing”)
  5. making death threats or other violent threats

The goal of protective orders is to protect survivors and victims of stalking, harassment, and domestic violence – including online stalking and harassment – and prevent further abuse. From 2021 through 2023, Texas courts issued more than 162,000 protective orders.

What Type of Protective Order Do You Need?

Texas courts offer several different protective orders that provide different levels of protection. A temporary ex parte protective order, for example, offers a quick, short-term remedy for stopping online stalking or harassment immediately. This is an emergency-based order and is a short-term fix until a second hearing can be held, which then gives the other party a chance to present his or her side.

A Texas court can issue a temporary protective order without notifying the harasser or stalker in advance. It stops that person from contacting you until the court can provide more permanent protection. A temporary protective order is usually good for twenty days but may be extended.

The court may issue a magistrate’s order of emergency protection (MOEP) after an arrest for stalking, harassment, or domestic violence. These orders offer protection for up to ninety-one days, depending on the severity of the case, while the court arranges a more permanent remedy.

How Does the Court Issue Final Protective Orders?

A final protective order offers long-term protection. The court may issue a final protective order after a hearing where both sides can present evidence.

At a final protective order hearing, the alleged stalker or harasser has the right to be advised and represented by a defense lawyer, the right to contest the protective order, and the right to ask the court to cancel the order.

Final protective orders may last up to two years and offer stronger protection than a temporary order, such as barring the harasser from possessing firearms. Final protective orders can be renewed if the threat continues beyond the first order’s expiration date.

How Do You Request a Protective Order From a Texas Court?

If you need a protective order in the San Antonio area, the first step is compiling evidence of the stalking or harassment. Evidence may include texts, emails, social media posts, or eyewitness statements. Take a screenshot of the digital harassment in case it disappears online later. Any documents that suggest a pattern of threatening behavior may be helpful. You should keep a journal of specific dates and times when things occurred so that you can describe the incident with specificity. It takes more than a vague feeling of being harassed. You must be able to describe an incident that the Judge will agree is harassment.

The next step is to schedule a consultation with a San Antonio protective orders lawyer, who will determine if you have enough evidence to request a protective order. If you do, your lawyer will file the legal paperwork, which will include your affidavit. Then, the court will schedule a hearing upon receiving your request.

For temporary protective orders, this hearing happens quickly and does not require the harasser to appear. For final protective orders, both you and the harasser are required to appear at the hearing and will have the chance to offer evidence to the court.

Be Honest With the Court

If you need a protective order from a Texas court, you must tell the whole truth. Judges, criminal defense attorneys, divorce lawyers, and Texas law enforcement officers deal far too frequently with exaggerated or fabricated claims of stalking, harassment, or domestic violence.

If you exaggerate or fabricate a stalking or harassment claim against another person, that person’s lawyer will aggressively work to disprove your claim, and the court may deny your request for a protective order. The worst thing you can do is lose credibility. Once a judge thinks that you are being less than honest, the judge will not likely rule in your favor.

When Do Protective Orders Take Effect?

When a Texas court issues a protective order, it takes effect immediately. The stalker or harasser is legally required to obey the terms of the protective order, which may include no contact with the victim, avoiding specific locations, and surrendering any firearms.

Under federal law, when a state court issues a protective order, the stalker or abuser loses the right to own, possess, or use a firearm for the duration of the protective order. Any firearms the individual owns must be surrendered to the authorities.

Protective orders set clear legal boundaries for stalkers and harassers. Violating a protective order is a criminal rather than a civil offense, and a conviction for violating a protective order carries legal consequences that may include fines, jail, or, in the most egregious cases, prison.

Let South TX Family Law Work on Your Behalf

When you are the victim of online stalking or harassment, you need an attorney to address your concerns, represent you before a judge, and help you acquire the protective order you need. South TX Family Law represents clients in San Antonio and throughout South Texas.

San Antonio protective orders attorney Laura D. Heard leads a team that handles all family law matters, including divorce, child custody, child support, paternity claims, and family violence. We will help you obtain legal protection against online stalking and harassment.

Call South TX Family Law at 210-775-0353. Our legal team will evaluate your case and suggest the best way for you to proceed. If you need a protective order, or if you need to have a protective order enforced by the court, we know how to help you obtain full legal protection.