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A phone that buzzes all day can turn your own home, workplace, or parenting schedule into a source of dread. If an ex-spouse, former partner, or acquaintance keeps texting, calling, appearing at your business, or contacting your children, you need more than reassurance. You need a clear understanding of harassment laws in Texas, the evidence that matters, and the family-law consequences that can follow.
When Repeated Contact Starts Feeling Like a Trap
A Houston parent may begin each morning by checking whether an ex-spouse sent another message overnight. At first, the texts might look like arguments about pickup times or unpaid expenses. Then the messages become personal, relentless, and impossible to ignore. You start dreading the phone's vibration, changing the route to your child's school, and wondering whether a normal errand will end with an unwanted encounter.
That quiet exhaustion is common in harassment and protective-order situations. People around you may see one message or one appearance at a store and shrug. You experience the pattern. You know how repeated contact changes your routines, your sleep, and your sense of safety.
A Lubbock business owner might face the same problem in a different setting. A former partner appears at the shop, sends messages to employees, and waits near the parking area. A San Marcos student might receive repeated direct messages from someone using different accounts. The technology changes, but the legal questions remain familiar.
The legal questions that matter
Texas criminal law doesn't treat every unpleasant interaction as harassment. The law focuses on the conduct, the actor's intent, the repeated nature of certain communications, and the effect the conduct is reasonably likely to have. A single rude message may be upsetting without meeting the criminal definition. A continuing pattern can create exposure for harassment, stalking, or another offense.
You also need to separate criminal law from workplace law. A message from a former partner may support a criminal report or protective-order request. Conduct involving a supervisor, coworker, or employer may raise separate issues under Texas Labor Code Chapter 21 or federal employment law. Those claims have different deadlines and remedies.
If unwanted calls come from collectors rather than a former partner, a directory such as Southeast debt collectors directory can help you identify the type of creditor contact involved. That issue may require consumer-law steps rather than a family-law filing.
The rest of this guide gives you a practical roadmap. You'll learn what Texas Penal Code §42.07 covers, when conduct can become stalking, how protective orders work, and how a harassment accusation can affect divorce, custody, support, and property division.
What Texas Law Defines as Harassment
A former partner who keeps calling, sends anonymous messages, or targets you through social media may be creating criminal exposure, but the pattern must fit Texas law. Texas Penal Code §42.07 is a specific-intent statute. The person generally must act with intent to harass, annoy, alarm, abuse, torment, or embarrass another person. The statute covers repeated calls, anonymous or harassing phone communications, repeated electronic communications, and repeated social-media posts reasonably likely to cause emotional distress, abuse, or torment. See Texas Penal Code Section 42.07.
The intent requirement controls the analysis. Prosecutors must connect the conduct to the required mental state. One heated message during a disagreement does not automatically establish criminal harassment. Repeated contact, anonymous communications, threatening language, and messages designed to torment or alarm can provide stronger evidence. In a divorce or custody case, the same evidence may also support requests for communication limits, temporary orders, or a protective order.
The elements in plain English
| Element | What the Statute Requires | Plain-English Example |
|---|---|---|
| Intent | The person acts intending to harass, annoy, alarm, abuse, torment, or embarrass another person | Someone keeps contacting you to frighten or torment you after being told to stop |
| Repeated contact | The statute addresses repeated calls, electronic communications, or social-media posts | A person sends a continuing stream of unwanted texts or direct messages |
| Anonymous or harassing communications | The communication may conceal the sender's identity or use harassing phone contact | Calls arrive from blocked or unknown numbers and are designed to alarm you |
| Harmful likelihood | Certain electronic or social-media conduct must be reasonably likely to cause emotional distress, abuse, or torment | Repeated public posts target you in a way that would reasonably cause severe distress |
| Threat-related conduct | The statute includes repeated threats to inflict bodily injury in circumstances covered by the law | A person repeatedly threatens physical harm during calls or messages |
| Public concern limitation | The online-posting provision contains a carveout for communications involving matters of public concern | A public discussion may receive different treatment than personal torment directed at one person |
The statute can also address publishing another person's contact information against that person's wishes. The facts determine whether the conduct qualifies, including what was shared, how it was shared, the purpose of the disclosure, and whether the required intent and likelihood standards are met.
Harassment law does not cover every argument, insult, or failed relationship. A custody disagreement does not become a criminal case because the parties communicate angrily. If repeated monitoring or contact may have developed into stalking, review Texas stalking laws against the full conduct and timeline. That distinction can affect both criminal reporting and family-court restrictions.
For the broader divorce process, How to File for Divorce in Texas: Step by Step explains the sequence from petition to final decree. Online deception can complicate the evidence. If someone created a false identity to obtain access, communicate, or manipulate you, catfishing and the law in 2026 can help identify questions for a lawyer. The label alone does not determine the charge. Preserve the communications, account details, and timeline, because those facts drive the legal analysis and can shape custody and property disputes.
Criminal Penalties and How Charges Get Enhanced
Texas harassment charges can carry consequences even when the conduct occurs through a phone or social-media account. Under the general Texas framework, Penal Code §42.07 is typically a Class B misdemeanor. Texas practice allows up to 180 days in county jail and a fine of up to $2,000 for that level of offense. A repeat harassment conviction can be enhanced to a Class A misdemeanor, carrying up to one year in jail and a fine of up to $4,000. These penalty figures are reflected in the Texas Court of Criminal Appeals discussion of the statute and its amendments. Review the court's discussion of Section 42.07.
A quick comparison
| Charge Level | Max Jail Time | Max Fine | Typical Trigger |
|---|---|---|---|
| Class B misdemeanor | Up to 180 days in county jail | Up to $2,000 | Ordinary qualifying harassment under §42.07 |
| Class A misdemeanor | Up to one year in jail | Up to $4,000 | Repeat harassment conviction or a statutory enhancement |
| Higher felony exposure | Depends on the applicable enhancement | Depends on the applicable felony range | Certain repeat-offense or victim-specific circumstances |
The statute was refined in 2025 by separating tracking or monitoring conduct into subsection (a)(9) and temporary or disposable number communications into subsection (a)(10). That revision applies only to conduct occurring on or after September 1, 2025. The same recent changes reflect narrower, situation-specific treatment of harassment directed at utility workers.
The plan for a utility-worker allegation requires careful statutory review. The relevant 2025 update created a Class A enhancement for harassment directed at utility workers, and later repeat-offense provisions can create substantially greater felony exposure. Don't rely on an old internet summary when the alleged conduct occurred after the effective date.
Why early defense work matters
A charge can affect bond conditions, communication with a spouse, access to a home, and the ability to exchange children. Prosecutors may also evaluate the same messages for a stalking, family-violence, or protective-order case. That can increase pressure during plea negotiations.
If you're accused, don't delete messages or contact the alleged victim to “clear things up.” Preserve the complete conversation, avoid direct contact unless your lawyer says it's permitted, and speak with a criminal-defense attorney before giving a recorded statement. If you're the person reporting the conduct, document the pattern and seek family-law advice when children, housing, or a pending divorce are involved.
Related Offenses That Often Travel With Harassment
The same facts can support different allegations. A series of messages may begin as a harassment report, but the surrounding conduct can lead investigators to examine stalking, family violence, cyberharassment, or improper photography. The distinction matters because each offense has different elements, proof problems, and consequences.
Where the conduct can escalate
Stalking under Penal Code §42.072 requires conduct occurring on more than one occasion as part of the same scheme or course of conduct. One qualifying pathway involves conduct that constitutes §42.07 harassment or conduct the actor knows, or reasonably should know, will be viewed as threatening bodily injury, death, or offenses against family, household, dating-partner, or property interests. The repeated-pattern requirement connects separate incidents into one targeted course of conduct. Read the Texas stalking statute.
Continuous violence against the family under Penal Code §25.11 addresses repeated family violence incidents involving a household member or dating partner within the statutory period. The offense can move from misdemeanor treatment into felony exposure when the statutory elements are proven. A prosecutor will examine the relationship, dates, prior incidents, and whether the conduct falls within the statute.
Cyberharassment under Penal Code §33.07 focuses on electronic communications and social-media activity. The platform doesn't decide the case. The message, account activity, identity evidence, intent, and statutory requirements do.
Improper photography or visual recording under Penal Code §21.15 involves conduct involving images or recordings rather than only words. If someone secretly records, photographs, or distributes visual material, the case may require a separate analysis from a text-message harassment allegation.
| Offense | Statute | Triggering Conduct | Typical Penalty Tier |
|---|---|---|---|
| Harassment | Penal Code §42.07 | Qualifying intentional communications or related conduct | Generally Class B misdemeanor, with statutory enhancements |
| Stalking | Penal Code §42.072 | More than one occasion under the same scheme or course of conduct, with threatening or fear-producing circumstances | Felony exposure may apply |
| Continuous family violence | Penal Code §25.11 | Repeated family violence involving a qualifying relationship | Can escalate from misdemeanor to felony |
| Cyberharassment | Penal Code §33.07 | Electronic communication or social-media conduct meeting statutory requirements | Depends on the charged subsection and facts |
| Improper photography or visual recording | Penal Code §21.15 | Prohibited photography, recording, or visual conduct | Separate offense classification applies |
Police and prosecutors may consider multiple charges from one series of events. That affects bond conditions, no-contact restrictions, and negotiations. It also affects your family case because a protective-order hearing or criminal proceeding can produce evidence later used in custody litigation.
Protective Orders and the 60-Day Divorce Exception
A protective order can create enforceable boundaries when repeated contact has become dangerous, coercive, or disruptive. Texas courts can address communication, distance, residence access, and contact involving children. The correct path depends on the relationship, urgency, available evidence, and whether a criminal arrest has occurred.
Three protective paths
A full protective order follows an application and hearing. The respondent receives notice and can participate. The judge reviews testimony, documents, messages, recordings, police information, and other evidence before deciding whether to issue relief.
A temporary ex parte order may be issued without advance notice when the court finds an immediate need for protection. It can provide short-term restrictions until a noticed hearing occurs. You must follow the order exactly, even if you disagree with the allegations.
A magistrate's emergency protection order can arise in a criminal case after an arrest involving family violence or related conduct. It operates separately from a family-court protective-order application. Read more about a protective order during divorce in Texas before deciding which filing fits your situation.
Chapter 85 of the Texas Family Code governs protective-order procedures. Qualifying relationships can include spouses, dating partners within the relevant statutory period, and household members. The application should identify the conduct, dates, relationship, children involved, immediate safety concerns, and requested restrictions. Attach reliable evidence when available, including messages, call records, photographs, witness information, and police documentation.
The divorce waiting-period exception
Texas Family Code §6.702 generally prevents a court from granting a divorce before the 60th day after the petition is filed. The statute provides limited family-violence exceptions, including a final conviction or deferred adjudication for family violence against the petitioner or a household member, or an active protective order or magistrate's emergency protection order based on family violence. Review Family Code Section 6.702.
The waiting period begins when the Original Petition for Divorce is file-stamped by the clerk, not when the other spouse is served. Delayed service doesn't extend the countdown, and the earliest possible finalization is typically day 61. See the Texas divorce waiting-period explanation.
A protective order doesn't decide property division or custody permanently. It can, however, shape temporary orders, exchanges, communication, and the court's assessment of safety while the divorce proceeds. Violating a protective order can create a separate criminal problem under Texas law, so treat every restriction as binding.
How Harassment Shapes Divorce and Custody Outcomes
A harassment accusation doesn't automatically determine your divorce or custody case. It does change the court's risk assessment when the evidence shows a pattern of intimidation, threats, monitoring, or family violence. Judges focus on reliable proof, not on which spouse tells the more compelling story.
Custody and possession
Texas Family Code Chapter 153 guides conservatorship and possession decisions. Family Code §153.004 directs courts to consider family violence evidence when deciding whether joint managing conservatorship is appropriate and whether possession should be limited. Credible evidence of abuse can make cooperative decision-making unrealistic.
A judge may order structured exchanges, communication through a parenting application, restricted contact, supervised possession, or other safety protections. Harassment aimed at the other parent can also affect the children directly when messages involve them, use them as messengers, or disrupt exchanges.
For a parent whose child's primary residence is involved in a standard possession schedule, Chapter 153 provides a detailed schedule when the possessory conservator lives 100 miles or less from that residence. The standard schedule includes weekends beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. the following Sunday. Review the Texas possession-schedule provisions.
Support and property
A protective order doesn't automatically change child-support guidelines. The court may consider the practical effect of safety restrictions, travel, possession, and the children's needs when addressing temporary arrangements or requested deviations.
Property division requires a separate analysis under Texas community-property principles and the court's just-and-right authority. Evidence that one spouse coerced transfers, dissipated marital funds, concealed assets, or forced the other spouse to leave the home may matter. Business owners and high-asset spouses should preserve account records, ownership documents, expense histories, and communications showing who controlled money and why.
Practical rule: Treat every message as if a judge may read it beside the timeline, the police report, and the parenting record.
Medical records, contemporaneous reports, school records, security footage, and credible third-party witnesses often carry more weight than a generalized statement that the relationship was toxic. Your lawyer should organize the evidence around specific incidents, dates, witnesses, and effects on parenting or household safety.
Building a Strong Case and Reporting the Right Way
Good evidence tells a complete story. It shows who contacted whom, what was said or done, when it happened, whether the conduct continued, and how the behavior affected safety or parenting. Start preserving evidence before blocking accounts or changing devices.
Preserve the original record
Save the complete conversation. Keep texts, emails, voicemails, direct messages, and attachments. Don't save only the worst sentence if the surrounding messages explain context.
Capture identifying information. Preserve usernames, phone numbers, profile links, message timestamps, and account changes. Metadata and original files can be more useful than a printed screenshot.
Create a neutral incident log. Record the date, approximate time, location, conduct, witnesses, and any effect on you or your children. Use factual descriptions rather than conclusions.
Identify independent proof. List neighbors, coworkers, relatives, school personnel, security staff, and anyone who saw the contact or its immediate impact. Preserve doorbell, dashcam, workplace, or building footage before it is overwritten.
Protect child-related evidence. Keep records showing missed exchanges, messages sent through the children, school disruptions, threats involving possession, and violations of court orders.
If you're reporting the conduct, ask the appropriate law-enforcement agency how to request the incident or police report. A Class B misdemeanor filing may begin with an investigation, a complaint, or a referral through a magistrate, depending on the county and circumstances. The officer or clerk can explain the local process, but don't assume that making a report automatically creates a protective order.
The person accused should speak with a Texas criminal-defense lawyer before providing a recorded statement. The reporting party should consider family-law counsel before filing protective-order paperwork when divorce, custody, or property issues are already pending. Don't retaliate, threaten, edit evidence, or post accusations online. Those actions can weaken credibility and create new legal problems.
For urgent short-term restrictions, review how to get a temporary restraining order and ask counsel whether that remedy fits your facts. A temporary restraining order and a protective order aren't interchangeable, so use the correct procedure.
Here is a video resource that may help you think through protective-order and harassment concerns:
Key Takeaways and Your Next Steps
Texas harassment law focuses on intentional conduct and the statutory requirements surrounding repeated communications, threats, anonymous contact, electronic messages, and social-media activity. Penal Code §42.07 generally treats qualifying harassment as a Class B misdemeanor, while repeat convictions and certain victim-specific circumstances can increase exposure. Stalking and continuous family violence allegations can create more serious consequences when the evidence shows a continuing pattern or repeated family violence.
Your family case has its own consequences. A protective order can control contact and exchanges while a divorce or custody case moves forward. Family Code §6.702 generally imposes a 60-day waiting period before a divorce can be granted, but limited family-violence exceptions may apply. The countdown starts when the petition is file-stamped, and delayed service doesn't extend it.
Judges may weigh harassment and family-violence evidence when deciding conservatorship, possession, support-related requests, temporary orders, and property division. That doesn't mean an accusation automatically wins the case. It means you should preserve the complete record, avoid impulsive responses, and present evidence in a way the court can evaluate.
What to do next
- If you feel unsafe, prioritize immediate safety and contact law enforcement or emergency services when necessary.
- Preserve original communications instead of deleting or editing them.
- Separate criminal, protective-order, employment, and family-law issues because they follow different procedures.
- Bring a dated evidence log to your consultation.
- Don't contact the other person about the case without understanding the effect on bond conditions, protective orders, or custody orders.
- Get advice before negotiating custody or property when harassment allegations involve children, a business, or significant assets.
You don't have to sort through these overlapping issues alone. A lawyer can review the communications, explain local court procedures, assess protective-order options, and help protect your position in divorce or custody litigation.
The Law Office of Bryan Fagan, PLLC helps Texans address protective orders, divorce, custody, support, mediation, enforcement, and complex property disputes with clear legal guidance. Schedule a free consultation so the firm can review your evidence, identify the immediate risks, and explain the next concrete step for your criminal, protective-order, and family-law concerns.
