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Texas Civil Practice and Remedies Code

§ 85.003 — PROOF

CP § 85.003Title 4. LIABILITY IN TORT · Ch. 85. LIABILITY FOR STALKING

Statute text

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(a)A claimant proves stalking against a defendant by showing:
(1)on more than one occasion the defendant engaged in harassing behavior;
(2)as a result of the harassing behavior, the claimant reasonably feared for the claimant's safety or the safety of a member of the claimant's family; and
(3)the defendant violated a restraining order prohibiting harassing behavior or:
(A)the defendant, while engaged in harassing behavior, by acts or words threatened to inflict bodily injury on the claimant or to commit an offense against the claimant, a member of the claimant's family, or the claimant's property;
(B)the defendant had the apparent ability to carry out the threat;

Legislative history

Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14, 1995. Renumbered from Civil Practice and Remedies Code Sec. 83.003 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff. Sept. 1, 1997.

Source: Texas Civil Practice and Remedies Code § 85.003 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.