A Pattern, Not a Moment: Stalking Defense in Austin, Texas

A text message. A phone call. A drive down a familiar street. By themselves, these acts are harmless. But when they become part of a pattern—when the recipient feels threatened or harassed—they can add up to a third-degree felony. In Texas, stalking is not defined by a single act but by a course of conduct. What you may see as an attempt to communicate or a coincidence can be charged as a serious felony that carries years in prison and a lifetime of consequences.

At Barton & Associates, Attorneys at Law, we defend clients across Central Texas against stalking charges. Whether you are accused of repeatedly contacting an ex-partner, driving by someone’s home, or sending unwanted messages, we understand how easily a pattern can be alleged. Our attorneys have spent decades in Travis County courtrooms and beyond, handling complex criminal cases with skill and determination.

We know that stalking cases often arise from failed relationships, misunderstandings, and disputes that escalate. We know how to challenge the State’s evidence, argue that the alleged conduct does not meet the legal definition of stalking, and build a defense that protects your freedom.

If you are facing a stalking charge, you are not alone. Let us help you fight back.

Understanding Stalking in Texas

Under Texas law, a person commits stalking if they engage in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress.

The Elements:

The State must prove:

• You engaged in a course of conduct

• Directed at a specific person

• That would cause a reasonable person to fear for their safety or suffer substantial emotional distress

• AND you knew or should have known that your conduct would cause such fear or distress

What Constitutes “Course of Conduct”:

• Two or more acts

• That are directed at the same person

• That are not protected by the First Amendment (speech, assembly, etc.)

Examples of Conduct:

• Following or monitoring the person

• Making unwanted phone calls, texts, or emails

• Sending unwanted gifts

• Driving by their home or workplace

• Using technology to track their location

• Communicating with the person through third parties

The Penalty:

• Third-Degree Felony: 2 to 10 years in prison

• Fine: Up to $10,000

• Protective Order: The court will almost certainly issue a protective order

For residents across Central Texas, a stalking conviction can mean years in prison and a permanent felony record.

What Is the Penalty for Stalking in Texas?

Stalking is a third-degree felony in Texas, punishable by 2 to 10 years in prison and a fine of up to $10,000.

Factors That Affect Sentencing:

• Whether you have prior convictions

• Whether you violated a protective order

• Whether the victim was a family member or dating partner

• Whether you used a weapon

Enhanced Penalties:

• If you have a prior stalking conviction, the charge may be enhanced to a second-degree felony (2 to 20 years)

• If you violated a protective order while stalking, the charge may be enhanced

Collateral Consequences:

• Felony Criminal Record: A permanent felony conviction

• Loss of Firearm Rights: A felony conviction results in lifetime prohibition

• Protective Order: The court will issue a protective order that restricts your contact with the alleged victim

• Employment: Many employers will not hire individuals with felony convictions

• Housing: Landlords may deny rental applications

• Professional Licensing: Licensing boards may deny or revoke licenses

• Immigration: Non-citizens face mandatory deportation

For those in the Austin area, a stalking conviction carries consequences that extend far beyond the prison sentence.

How to Defend a Stalking Charge

Defending against a stalking charge requires a strategic approach. The State must prove a pattern of conduct that would cause a reasonable person to fear for their safety.

Defense 1: The Conduct Does Not Meet the Legal Definition

The State must prove a “course of conduct”—two or more acts directed at the same person. If the alleged acts are isolated or spread out over a long period, they may not constitute a course of conduct.

Defense 2: The Conduct Was Not Threatening

The State must prove that the conduct would cause a reasonable person to fear for their safety or suffer substantial emotional distress. If the alleged conduct was not threatening—if it was merely annoying or unwanted—you have a defense.

Defense 3: You Did Not Know the Conduct Would Cause Fear

The State must prove you knew or should have known that your conduct would cause fear or distress. If you believed your communications were welcome, or if you had no reason to know they would cause fear, you have a defense.

Defense 4: The Allegations Are False

Stalking allegations often arise from contentious breakups, custody disputes, or retaliatory claims. Evidence of false allegations may include:

• Inconsistent statements by the accuser

• Motive to lie (custody disputes, revenge)

• Witnesses who contradict the accuser’s story

• Communications showing the accuser invited contact

Defense 5: Protected First Amendment Activity

The statute excludes conduct protected by the First Amendment. If your alleged conduct was speech, assembly, or other protected activity, you may have a defense.

Defense 6: Unlawful Search or Arrest

If the evidence against you was obtained through an illegal search or arrest, your attorney can file a motion to suppress.

For those in Central Texas, a strong defense can mean the difference between a felony conviction and a dismissal.

The “Course of Conduct” Requirement

Stalking is defined by a pattern, not a single act. The State must prove at least two acts directed at the same person.

What Counts as a “Course of Conduct”:

• Two or more acts

• Over a period of time

• Directed at the same person

What Does NOT Count:

• A single act (no matter how serious)

• Acts directed at different people

• Acts that are not repeated over time

Challenging the Course of Conduct:

• Isolated Acts: If the alleged conduct consists of only one act, the charge cannot stand

• Too Few Acts: If the State cannot prove at least two acts, the charge fails

• Different Victims: If the acts were directed at different people, there is no course of conduct

For residents across the Austin metro area, challenging the course of conduct is often the first line of defense.

Failed Relationships and False Allegations

Stalking charges frequently arise from failed romantic relationships. An ex-partner, angry about the breakup, may accuse the other of stalking.

Why This Happens:

• Revenge for the end of the relationship

• Leverage in custody disputes

• Misinterpretation of attempts to reconcile

• Exaggeration of unwanted contact

Defending Relationship-Based Cases:

• Consent: The alleged victim may have welcomed some or all of the contact

• Misunderstanding: What the accuser perceived as threatening may have been an attempt to reconcile

• False Allegations: The accuser may have a motive to lie

• Communications: Text messages, emails, and social media may show that the accuser invited contact

For those in the Austin area, relationship-based stalking cases require a careful examination of the history between the parties.

Protective Orders and Stalking

When a stalking charge is filed, the court will almost certainly issue a protective order. This order restricts your contact with the alleged victim.

What a Protective Order Does:

• Prohibits contact with the protected person

• May exclude you from your home

• May give the protected person temporary custody of children

• Prohibits possession of firearms

Violation of a Protective Order:

• Violation of a protective order is a separate criminal offense

• Even a text message or chance encounter can result in new charges

Challenging the Protective Order:

• You have the right to a hearing to challenge the order

• Your attorney can present evidence that the order is unnecessary

• You can negotiate agreed orders that minimize restrictions

For residents across Central Texas, a protective order can disrupt your life—but it can be challenged.

Technology and Stalking

Modern stalking cases often involve technology: text messages, social media, GPS tracking, and surveillance cameras.

Common Technology-Related Allegations:

• Repeated text messages or calls

• Social media messages

• GPS tracking on a vehicle

• Using technology to monitor the person’s location

• Installing cameras to observe the person

Defending Technology-Based Cases:

• Consent: Did the person consent to the tracking or monitoring?

• No Threat: Technology use alone is not stalking—the State must prove it caused fear or distress

• Shared Accounts: If the technology was on a shared account, you may have had a right to access it

• Public Information: Information obtained from public sources (social media, etc.) is not stalking

For those in the Austin metro area, technology-based stalking cases require a nuanced understanding of both the law and the technology.

Deferred Adjudication for Stalking

For first-time offenders, deferred adjudication may be available. This can keep a felony off your record.

How Deferred Adjudication Works:

• You plead guilty or no contest

• The court defers a finding of guilt

• You complete probation (typically 1-5 years)

• Conditions may include no contact with the alleged victim, counseling, community service, and fines

• If you complete probation successfully, the case is dismissed

• No conviction on your record

Eligibility:

• First-time offender

• No prior felony convictions

• The case does not involve violence or other aggravating factors

For residents across Central Texas, deferred adjudication is often the goal in a stalking case.

Frequently Asked Questions About Stalking in Austin, Texas

When clients come to our office—whether from the urban core of Austin, the suburbs to the north and south, or the Hill Country communities—they often have questions about stalking charges. Here are the answers to the most common inquiries we receive.

What is the penalty for stalking in Texas?

Stalking is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.

What is the difference between harassment and stalking?

Harassment is a single act or a pattern of acts that annoy or alarm. Stalking requires a pattern of conduct that would cause a reasonable person to fear for their safety.

Can I be charged with stalking for sending text messages?

Yes. Repeated text messages can be part of a course of conduct that constitutes stalking.

What if the alleged victim responded to my messages?

If the alleged victim responded to your messages, that can be evidence that they did not fear you or that the contact was welcome.

What is a protective order?

A protective order is a court order that restricts your contact with the alleged victim. Violation of a protective order is a separate crime.

Can I get deferred adjudication for stalking?

Yes, in some cases. First-time offenders may be eligible for deferred adjudication, which results in dismissal of the case with no conviction on your record.

Do I need an attorney for a stalking charge?

Yes. Stalking is a felony that can result in years in prison and a permanent criminal record. An experienced attorney can challenge the evidence and seek deferred adjudication.

Why Barton & Associates for Stalking Defense in Austin

Stalking cases often arise from failed relationships, misunderstandings, and disputes that escalate. Our attorneys have spent decades in courtrooms across Central Texas, handling complex criminal cases with skill and determination. We know how to challenge the State’s evidence, argue that the alleged conduct does not meet the legal definition of stalking, and build a defense that protects your freedom.

We understand that a pattern of conduct can be misinterpreted. We are here to help you fight back.

Take the First Step Toward Protecting Your Future

If you are facing a stalking charge, your freedom and your future are on the line. A felony conviction can affect your employment, your housing, and your rights for the rest of your life. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of keeping a felony off your record.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced criminal defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.

Main Category: Criminal Defense Austin
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)