What are my legal rights if proven he is actually the one harassing?

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What are my legal rights if proven he is actually the one harassing?

My ex filed harassment complaint against me. Police called and told me the usual to stay away. About 30 minutes after that I had a knock on the door from an animal control officer. The officer said that they had a complaint about the number of animals I had. I have 4 dogs which is legal and they are inside. Ex had told me before that it wasn’t legal to have 4 dogs and someone could complain. I know this was my ex who called so I called the officer that took his harassment complaint and left him a message about the animal complaint. I asked that if he found that it was my ex who called to please ask him to leave me alone.

Asked on June 8, 2012 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Officers will usually tell both sides to "stay away," espcially in breakups.  If you haven't been served with any paperwork, then more than likely, the officer is just making a strong suggestion that you have no contact with each other.  Until you receive an order that restricts your movements, then you are not bound by the suggestion--- and conversely, neither is he.  So.... what you may want to do is be proactive in obtaining a peace bond through a JP court or a restraining order through one of your county or district courts.  You can make it a mutual order-- he stays away from you and you stay away from him.  This way, if he does come near you and you have proof of it, you'll at least have some remedies.  The trick is really going to be proving the contact in situations like the one you describe.  You may want file an open records request with the government agency that knocked at your door to see what information the caller gave=== this may give you the proof that you need to prove that he was reinitiating the contact.


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