Words, Texts, and Threats: Harassment Defense in Austin, Texas

A text message sent in anger. A phone call from a blocked number. A social media post that went too far. A pattern of communication that someone found annoying. In Texas, harassment is a crime that can be charged based on words alone. What feels like a frustrating conversation or a heated argument can become a criminal charge. A single message can lead to jail time, a criminal record, and a protective order that restricts your freedom.

At Barton & Associates, Attorneys at Law, we defend clients across Central Texas against harassment charges. Whether you are accused of repeatedly calling an ex-partner, sending threatening messages, or engaging in a pattern of conduct that someone found harassing, we understand how quickly a personal dispute can become a criminal case. Our attorneys have spent decades in Travis County courtrooms and beyond, handling complex criminal cases with skill and determination.

We know that harassment cases often hinge on the context of the communications and the intent behind them. We know how to challenge the State’s evidence, argue that your communications were protected speech or lacked criminal intent, and build a defense that keeps a conviction off your record. We know that a dispute should not define your future.

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

Understanding Harassment in Texas

Under Texas law, a person commits harassment if they engage in a course of conduct directed at a specific person that causes the person to feel harassed, annoyed, alarmed, abused, tormented, or embarrassed, and the conduct is not protected by the First Amendment.

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 feel harassed, annoyed, alarmed, abused, tormented, or embarrassed

• AND you intended to cause such a reaction

What Constitutes a Course of Conduct:

• Two or more acts

• That are directed at the same person

• Over a period of time

The Penalty:

• Class B Misdemeanor: Up to 180 days in jail

• Fine: Up to $2,000

• Protective Order: The court may issue a protective order restricting your contact with the alleged victim

For residents across Central Texas, a harassment conviction can mean jail time and a criminal record.

What Is the Penalty for Harassment in Texas?

Harassment is a Class B misdemeanor in Texas, punishable by up to 180 days in jail and a fine of up to $2,000.

Factors That Affect Sentencing:

• Whether the conduct was a single act or a pattern

• Whether the victim was a family member

• Whether you have prior convictions

• Whether a protective order was violated

Enhanced Penalties:

• Harassment against a family member may result in enhanced penalties

• Harassment that violates a protective order is a separate offense

Collateral Consequences:

• Criminal Record: A permanent conviction on your record

• Employment: Many employers conduct background checks

• Housing: Landlords may deny rental applications

• Professional Licensing: Licensing boards may deny or revoke licenses

• Protective Order: The court may issue a protective order restricting your contact with the alleged victim

For those in the Austin area, a harassment conviction can affect every aspect of your life.

How to Defend a Harassment Charge

Defending against a harassment charge requires a strategic approach. The State must prove you intended to harass the victim and that your conduct was not protected speech.

Defense 1: No Criminal Intent

The State must prove you intended to harass, annoy, or alarm the victim. If your communications were meant to resolve a dispute, seek reconciliation, or express legitimate concerns, you have a defense.

Defense 2: Protected Speech

The First Amendment protects speech that is not directed at inciting violence or causing harassment. Your attorney can argue:

• Your communications were legitimate expressions of opinion

• You were exercising your right to free speech

• The content of your communications was protected

Defense 3: No Course of Conduct

Harassment requires a course of conduct—two or more acts. If the alleged conduct consists of a single act, you have a defense.

Defense 4: The Conduct Did Not Rise to Harassment

The State must prove the conduct would cause a reasonable person to feel harassed, annoyed, or alarmed. If your conduct was merely frustrating or annoying, but not harassing, you have a defense.

Defense 5: False Allegations

Harassment allegations often arise in the context of:

• Contentious breakups

• Custody disputes

• Family arguments

• Neighbor disputes

Evidence of false allegations may include:

• Inconsistent statements by the accuser

• Motive to lie

• Witnesses who contradict the accuser’s story

• Communications showing the accuser invited contact

Defense 6: The Victim Invited the Contact

If the alleged victim initiated or encouraged the contact, you have a defense. Communications showing the victim responded or engaged can be powerful evidence.

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

The Course of Conduct Requirement

Harassment requires a course of conduct—two or more acts directed at the same person. A single act, no matter how offensive, is not harassment.

What Counts as a Course of Conduct:

• Two or more phone calls

• Two or more text messages

• Two or more social media posts

• A combination of different types of contact

What Does NOT Count:

• A single phone call

• A single text message

• A single social media post

Challenging the Course of Conduct:

• One Act: If the State can prove only one act, the charge fails

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

• Isolated Acts: Two acts spread far apart may not constitute a course of conduct

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

Harassment vs. Free Speech

The First Amendment protects a wide range of speech, even speech that is offensive or annoying. Not all unwanted communication is harassment.

What Is Protected:

• Political speech

• Religious speech

• Opinions

• Criticism

• Legitimate complaints

What Is Not Protected:

• True threats of violence

• Speech directed at inciting violence

• Obscene speech

• Speech that constitutes harassment under the statute

Defending Free Speech Claims:

• No Threat: Your speech was not a threat

• No Intent: You did not intend to harass

• Protected Activity: Your speech was protected by the First Amendment

For those in the Austin area, free speech is a powerful defense in harassment cases.

Harassment in Family and Dating Relationships

Harassment charges often arise from failed romantic relationships. An ex-partner, angry about the breakup, may accuse the other of harassment.

Why These Cases Happen:

• 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 harassment 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 residents across Central Texas, relationship-based harassment cases require a careful examination of the history between the parties.

Protective Orders and Harassment

When a harassment charge is filed, the court may issue a protective order restricting 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 those in the Austin metro area, a protective order can disrupt your life—but it can be challenged.

Deferred Adjudication for Harassment

For first-time offenders, deferred adjudication may be available for harassment charges.

How Deferred Adjudication Works:

• You plead guilty or no contest

• The court defers a finding of guilt

• You complete probation (typically 6-12 months)

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

• If you complete probation successfully, the case is dismissed

• No conviction on your record

Eligibility:

• First-time offender

• No prior criminal history

• The case does not involve violence or other aggravating factors

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

Frequently Asked Questions About Harassment 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 harassment charges. Here are the answers to the most common inquiries we receive.

What is the penalty for harassment in Texas?

Harassment is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.

What is the difference between harassment and stalking?

Harassment involves conduct that annoys or alarms. Stalking involves conduct that causes fear for safety. Stalking is a felony; harassment is a misdemeanor.

Can a single text message be harassment?

No. Harassment requires a course of conduct—two or more acts. A single text message is not harassment.

What if I was exercising my free speech rights?

The First Amendment protects speech that is not directed at inciting violence or causing harassment. Your attorney can argue that your speech was protected.

Can I get deferred adjudication for harassment?

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.

What if the alleged victim invited the contact?

If the alleged victim initiated or encouraged the contact, you have a defense. Communications showing the victim responded or engaged can be powerful evidence.

Do I need an attorney for a harassment charge?

Yes. A harassment conviction can result in jail time, a criminal record, and a protective order. An experienced attorney can challenge the intent element and seek deferred adjudication.

Why Barton & Associates for Harassment Defense in Austin

Harassment cases often hinge on context—the words used, the intent behind them, and the history between the parties. Our attorneys have spent decades in courtrooms across Central Texas, handling complex criminal cases with skill and determination.

We know the local prosecutors. We know the judges. And we know how to challenge the State’s evidence, argue that your communications were protected or lacked intent, and fight to keep a conviction off your record.

Take the First Step Toward Protecting Your Future

If you are facing a harassment charge, your freedom and your future are on the line. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of keeping this charge 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: Misdemeanors
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)