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I live in Dallas, TX. My ex-husband followed me home from ...

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I live in Dallas, TX. My ex-husband followed me home from work yesterday and waited for me in his truck in the alley behind my house. When I rolled down my window he proceeded to harrass me about property he thinks he is still entitled to even though the divorce decree says differently. He yelled obscenities and insulted me. The police cant help because he didn''t get out of his truck and wasnt trespassing. My divorce attorney says he cant file for a restraining order because the divorce is final. The disctric attorney says they cant issue a protective order because he hasn''t threatened me with physical violence. Is there anything I can do to try to keep this from happening again or to allow me any recourse if it does?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Sorry to hear about this unfortunate situation.

Right now you cannot do anything as you have been told there was no grounds to press charges or to obtain a restraining order. The information you have obtained from the District attorney is correct. To get a restraining order you would need evidence of domestic violence of threat of violence. His yelling of obscenities and insults do not unfortunately result in domestic violence for a restraining order.

What you can do next time. Do not direct any contact with him. Proceed to enter your property. If he gets out of the vehicle and enters your property line, call the police as this is considered trespass. If he touches you, this is considered an assault and battery (any unconsented touching of whatever degree is considered a battery).

If he follows you a second time you can get him for stalking. In Texas harassment occurs through telephone, written or email communication.

Below are the statutes for harassment and stalking

SECTION 42.072. STALKING

You can obtain more information for what you need to get a restraining order here.


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