Restraining Order Evidence Requirements

Summary

In Texas, obtaining a restraining order requires credible evidence beyond hearsay, such as messages or witness testimonies. Courts generally do not rely solely on hearsay due to its unreliability. If you face harassment, gather tangible evidence and consult a lawyer to explore your legal options. The district attorney typically requires substantial evidence to pursue a case, so strengthening your case with credible evidence is crucial. Consider utilizing campus resources or legal advice to address the situation effectively.

Full Conversation

Short relationship, ended. We go to the same school, small community college. I coincidently ran into her about * times over a months span, only on campus, nowhere else. She filed a manipulative sworn affidavit that lacked details, timeline, and context, and finished it by saying she is afraid I might harass her. The campus police removed me from class to investigate and interview me. They read what she said and took it to be true. It made me look like a stalker the way she put things in her affidavit. Previous to the affidavit by her, herself and * friends actually harassed me on * occasions by the legal definition of harassment. I never even approached her when I saw her nor sent any messages or phone calls. The campus police seem to not care she lied on the sworn affidavit, nor did they want to say anything to her about harassing me. They told me they won’t approach her about it. What legal actions can I take?
Hey ****, that sounds really tough. Here are some steps you might consider:
- Gather Evidence: Document any incidents of harassment by her and her friends.
- Consult a Lawyer: Seek legal advice to explore options like defamation or filing a counter-affidavit.
- Campus Resources: Check if your college has an ombudsman or support services for students in disputes.
Is there anything specific that you want more details about?
Can I get a restraining order in Texas based off of hearsay evidence?
In Texas, obtaining a restraining order, such as a protective order, typically requires more than hearsay evidence. Courts generally look for credible evidence of harassment, stalking, or threats. Here are some key points:
- Evidence Requirement: Courts prefer tangible evidence, like messages, emails, or witness testimonies.
- Hearsay Limitations: Hearsay alone may not suffice as it is considered less reliable.
- Legal Advice: Consulting with a lawyer can help assess your situation and gather necessary evidence.
Would you like more information on how to gather evidence or the process of filing for a restraining order?
Will the district attorney pick up a case with minimal tangible evidence?
Case Rating: *
The district attorney typically looks for substantial evidence before deciding to pursue a case. Minimal tangible evidence may make it difficult for them to proceed. It's crucial to gather as much credible evidence as possible to strengthen your case. Have you considered speaking to a legal advisor to explore your options?